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Bill C-391

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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-391
An Act respecting a national strategy for the repatriation of Aboriginal cultural property
FIRST READING, February 1, 2018
Mr. Casey
421487


SUMMARY
This enactment provides for the development and implementation of a national strategy to enable the return of Aboriginal cultural property to the Aboriginal peoples of Canada.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017-2018
HOUSE OF COMMONS OF CANADA
BILL C-391
An Act respecting a national strategy for the repatriation of Aboriginal 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 Aboriginal Cultural Property Repatriation Act.

Interpretation

Definitions
2The following definitions apply in this Act.
Aboriginal cultural property includes objects of historical, social, ceremonial or cultural importance to the Ab­original peoples of Canada. (bien culturel autochtone)
Minister means the Minister of Canadian Heritage. (ministre)

National Strategy on Aboriginal Cultural Property Repatriation

National strategy
3The Minister, in cooperation with representatives of First Nations, Inuit and Métis peoples of Canada, and of the provinces, must develop and implement a comprehensive national strategy to promote and support the return of Aboriginal cultural property, wherever situated, to the Aboriginal peoples of Canada. The strategy must include measures to
(a)implement a mechanism by which any First Nation, Inuit or Métis community or organization may acquire or reacquire Aboriginal cultural property to which it has a strong attachment;
(b)encourage owners, custodians or trustees of Ab­original cultural property to return such property to Aboriginal peoples and support them in the process;
(c)support the recognition of preservation of Aborig­inal cultural property and of access to that property for educational and ceremonial purposes as 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 Aboriginal cultural property; and
(e)provide a forum for the resolution of conflicting claims that is respectful of Aboriginal traditional processes and forms of ownership and where claimants are self-represented.

Report and publication

Report to Parliament
4(1)Within two 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 information on Aboriginal cultural property repatriated as a result of the implementation of the strategy, the repatriation efforts currently under way and the Minister’s conclusions and recommendations regarding the strategy.
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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