Bill C-61
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Related Amendments |
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| R.S., c. H-6
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Canadian Human Rights Act
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41. The Canadian Human Rights Act is
amended by adding the following after
section 16:
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| Aboriginal
governmental
organizations
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16.1 In relation to a complaint made under
this Act against an aboriginal governmental
organization, the needs and aspirations of the
aboriginal community affected by the
complaint, to the extent consistent with
principles of gender equality, shall be taken
into account in interpreting and applying the
provisions of this Act.
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42. Section 67 of the Act is repealed.
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| R.S., c. I-5
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Indian Act
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43. (1) The definition ``intoxicant'' in
subsection 2(1) of the Indian Act is repealed.
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(2) The definition ``council of the band''
in subsection 2(1) of the Act is replaced by
the following:
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| ``council'' « conseil »
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``council'', in relation to a band, has the same
meaning as in the First Nations Governance
Act.
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| R.S., c. 32 (1st
Supp.), s. 1(1)
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(3) Paragraph (c) of the definition
``elector'' in subsection 2(1) of the Act is
repealed.
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(4) Subsection 2(3) of the Act is replaced
by the following:
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| Exercise of
powers of
band or
council
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(3) Unless otherwise provided by this Act,
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| R.S., c. 48
(4th Supp.),
s. 1
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44. Section 4.1 of the Act is replaced by
the following:
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| Provisions
that apply to
all band
members
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4.1 A reference to an Indian in any of the
following provisions shall be deemed to
include a reference to any person whose name
is entered in a Band List and who is entitled to
have it entered therein: the definitions
``band'', ``Indian moneys'' and ``mentally
incompetent Indian'' in section 2, subsections
4(2) and (3) and 18(2), sections 20 and 22 to
25, subsections 31(1) and (3) and 35(4),
sections 51, 52, 52.2 and 52.3, subsections
58(3) and 61(1), sections 63 and 65,
subsections 66(2) and 70(1) and (4), section
84, paragraph 87(1)(a), section 88, subsection
89(1) and paragraph 107(b).
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| R.S., c. 32 (1st
Supp.), s. 4
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45. Subsection 10(3) of the Act is
repealed.
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46. The heading before section 32 and
sections 32 to 34 of the Act are repealed.
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| R.S., c. 32 (1st
Supp.),
s. 10(2)
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47. Subsection 64(2) of the Act is replaced
by the following:
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| Expenditure
of capital
moneys in
accordance
with by-laws
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(2) The Minister may make expenditures
out of the capital moneys of a band in
accordance with band laws made pursuant to
paragraph 17(1)(h) of the First Nations
Governance Act for the purpose of making
payments to any person whose name was
deleted from the Band List of the band in an
amount not exceeding one per capita share of
the capital moneys.
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| R.S., c. 32 (1st
Supp.), s. 11
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48. Subsection 64.1(2) of the Act is
replaced by the following:
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| Additional
limitation
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(2) Where the council of a band makes a
band law under paragraph 17(1)(i) of the First
Nations Governance Act bringing this
subsection into effect, a person who has
received an amount that exceeds one thousand
dollars under paragraph 15(1)(a), as it read
immediately prior to April 17, 1985, or under
any former provision of this Act relating to the
same subject-matter as that paragraph, by
reason of ceasing to be a member of the band
in the circumstances set out in paragraph
6(1)(c), (d) or (e) is not entitled to receive any
benefit afforded to members of the band as
individuals as a result of the expenditure of
Indian moneys under paragraphs 64(1)(b) to
(k), subsection 66(1) or subsection 69(1) until
the amount by which the amount so received
exceeds one thousand dollars, together with
any interest thereon, has been repaid to the
band.
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| R.S., c. 32 (1st
Supp.), s. 12
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49. Subsection 66(2.1) of the Act is
replaced by the following:
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| Idem
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(2.1) The Minister may make expenditures
out of the revenue moneys of a band in
accordance with band laws made pursuant to
paragraph 17(1)(h) of the First Nations
Governance Act for the purpose of making
payments to any person whose name was
deleted from the Band List of the band in an
amount not exceeding one per capita share of
the revenue moneys.
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50. Section 71 of the Act and the heading
before it are repealed.
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51. Subsections 73(1) and (2) of the Act
are repealed.
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| R.S., c. 32 (1st
Supp.), s. 14
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52. The heading before section 74 and
sections 74 to 80 of the Act are repealed.
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| R.S., c. 32 (1st
Supp.), s. 15;
2000, c. 12,
par. 152(b)
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53. Sections 81 and 82 of the Act are
repealed.
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| R.S., c. 17
(4th Supp.),
s. 10(1)
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54. (1) The portion of subsection 83(1) of
the Act before paragraph (a) is replaced by
the following:
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| Money
by-laws
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83. (1) The council of a band may, subject
to the approval of the Minister, make by-laws
for any or all of the following purposes,
namely,
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| R.S., c. 17
(4th Supp.),
s. 10(1)
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(2) Paragraphs 83(1)(a.1) to (d) of the Act
are repealed.
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| R.S., c. 32 (1st
Supp.), s. 16
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55. Sections 85.1 and 86 of the Act are
repealed.
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56. Section 88 of the Act is replaced by the
following:
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| General
provincial
laws
applicable to
Indians
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88. Subject to the terms of any treaty and
any other Act of Parliament, all laws of
general application from time to time in force
in any province are applicable to and in
respect of Indians in the province, except to
the extent that those laws are inconsistent with
this Act or the First Nations Governance Act ,
any order, rule, regulation or by-law made
under this Act, or any regulation or band law
made under the First Nations Governance
Act , and except to the extent that those laws
make provision for any matter for which
provision is made by or under this Act or the
First Nations Governance Act .
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57. Sections 92 and 93 of the Act are
repealed.
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| R.S., c. 32 (1st
Supp.), s. 19
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58. Subsection 103(1) of the Act is
replaced by the following:
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| Seizure of
goods
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103. (1) A peace officer, superintendent or
person authorized by the Minister who
believes on reasonable grounds that an
offence against section 90 has been committed
may seize any property by means of which or
in relation to which he or she believes on
reasonable grounds the offence was
committed.
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Coming into Force |
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| Order of
Governor in
Council
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59. (1) The definition ``council'' in
subsection 2(1), subsection 2(3), sections 4
to 7, subsections 10(1) and (2), sections 16 to
30, 36 to 38 and 40 to 42, subsection 43(1),
and sections 45, 47 to 49, 51, 53 to 56 and 58
come into force on a day to be fixed by order
of the Governor in Council.
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| Order of
Governor in
Council
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(2) Subsections 43(2) and (4) and sections
44 and 52 come into force on a day to be
fixed by order of the Governor in Council.
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