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Bill C-53

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-53
An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts
FIRST READING, June 21, 2023

MINISTER OF CROWN-INDIGENOUS RELATIONS
90936


SUMMARY

This enactment provides for the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan and provides a framework for the implementation of treaties entered into by those Métis governments and the Government of Canada. Finally, it makes consequential amendments to other Acts.

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


TABLE OF PROVISIONS

An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts
  

Preamble

Short Title
1 

Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act

Interpretation
2 

Definitions

3 

Clarification

Purposes of Act
4 

Purposes

Treaties
5 

Order in council — coming into force

6 

Given effect

7 

Treaties prevail

Métis Governments
8 

Recognition

9 

Jurisdiction

10 

Federal Courts Act

Supplementary Self-Government Agreements
11 

Order in council — coming into force

12 

Given effect

Taxation
13 

Tax treatment agreements

14 

Not treaties

General
15 

Judicial notice of treaties

16 

Judicial notice of Métis government laws

17 

Notice

18 

Statutory Instruments Act

19 

Orders and regulations

20 

Amendment or removal of information in schedule

Transitional Provision
21 

Actions and decisions deemed valid

Consequential Amendments
22 

Access to Information Act

23 

Privacy Act

Coordinating Amendments
25 

2013, c. 25

SCHEDULE 


1st Session, 44th Parliament,

70-71 Elizabeth II – 1 Charles III, 2021-2022-2023

HOUSE OF COMMONS OF CANADA

BILL C-53

An Act respecting the recognition of certain Métis governments in Alberta, Ontario and Saskatchewan, to give effect to treaties with those governments and to make consequential amendments to other Acts

Preamble

Whereas the Government of Canada is committed to achieving reconciliation with the Métis through renewed government-to-government relationships based on the recognition of rights, respect, cooperation and partnership;

Whereas the Government of Canada recognizes that the Métis Nation of Alberta, Métis Nation of Ontario and Métis Nation – Saskatchewan are authorized to act on behalf of the Métis collectivities for which they are the democratic representative bodies;

Whereas the Government of Canada recognizes the inherent right of self-government of those Métis collectivities within the framework of the Constitution of Canada;

Whereas the Government of Canada recognizes that the inherent right of self-government is a right recognized and affirmed by section 35 of the Constitution Act, 1982;

Whereas the Métis Nation of Alberta, Métis Nation of Ontario and Métis Nation – Saskatchewan have signed self-government recognition and implementation agreements with the Government of Canada on February 23 and 24, 2023, and those agreements contemplate the parties negotiating self-government treaties;

Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples and the parties negotiating those treaties view them as contributing to the implementation of that declaration;

And whereas ratification of those treaties requires the coming into force of an Act of Parliament that gives effect to them;

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

Short Title

Short title

1 This Act may be cited as the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

Métis government means a government that is set out in column 1 of the schedule.‍ (gouvernement métis)

Métis government law means a law that is made by a Métis government and that is referred to in section 9.‍ (loi du gouvernement métis)

supplementary self-government agreement means, except in section 11, a supplementary self-government agreement that is entered into by a Métis government and His Majesty in right of Canada and that is in force, as amended from time to time in accordance with its provisions.‍ (accord complémentaire en matière d’autonomie gouvernementale)

tax treatment agreement means a tax treatment agreement that is entered into by a Métis government and His Majesty in right of Canada, as amended from time to time in accordance with its provisions.‍ (accord sur le traitement fiscal)

treaty means, except in section 5, a treaty that is entered into by a Métis government and His Majesty in right of Canada that is set out in column 3 of the schedule and that is in force, as amended from time to time in accordance with its provisions.‍ (traité)

Clarification

3 For greater certainty, each treaty is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.

Purposes of Act

Purposes

4 The purposes of this Act are to

  • (a) advance, through government-to-government relationships, the recognition of the distinct identities, cultures and governance structures of the Métis;

  • (b) advance the recognition of the right to self-determination, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act 1982, of certain Métis collectivities and the recognition of the authority of Métis governments to act on behalf of those collectivities;

  • (c) provide a framework for the implementation of treaties entered into by Métis governments and His Majesty in right of Canada; and

  • (d) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

Treaties

Order in council — coming into force

5 If the Governor in Council is satisfied that the requirements for the coming into force of a treaty entered into by a Métis government and His Majesty in right of Canada that are set out in the treaty have been met, the Governor in Council may, by order

  • (a) fix the day on which the treaty comes into force; and

  • (b) add the information needed to identify the treaty and the day on which it comes into force to columns 3 and 4, respectively, of the schedule opposite the Métis government set out in column 1 that is a party to the treaty.

Given effect

6 (1) A treaty is approved, given effect and declared valid and has the force of law.

Rights and obligations

(2) For greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by a treaty and must perform the duties, and is subject to the liabilities, imposed on the person or body by the treaty.

Binding

(3) For greater certainty, a treaty is binding on, and may be relied on by, all persons and bodies.

Treaties prevail

7 (1) In the event of any inconsistency or conflict between a treaty and the provisions of this Act or any other Act of Parliament, or of any regulation made under this Act or any other Act of Parliament, the treaty prevails to the extent of the inconsistency or conflict.

Act prevails

(2) In the event of any inconsistency or conflict between the provisions of this Act and the provisions of any other Act of Parliament, or of any regulation made under any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency or conflict.

Métis Governments

Recognition

8 The Government of Canada recognizes that a Métis government set out in column 1 of the schedule is an Indigenous governing body that is authorized to act on behalf of the Métis collectivity set out in column 2 opposite that Métis government and that the Métis collectivity holds the right to self-determination, including the inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982.

Jurisdiction

9 A Métis government that is a party to a treaty has the jurisdiction set out in the treaty, including the authority to make laws in relation to the matters set out in the treaty and the authority to administer and enforce those laws.

Federal Courts Act

10 A Métis government is not a federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act.

Supplementary Self-Government Agreements

Order in council — coming into force

11 If the Governor in Council is satisfied that the requirements for the coming into force of a supplementary self-government agreement entered into by a Métis government and His Majesty in right of Canada have been met, the Governor in Council may, by order, fix the day on which that agreement comes into force.

Given effect

12 (1) A supplementary self-government agreement is approved, given effect and declared valid and has the force of law.

Rights and obligations

(2) For greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by a supplementary self-government agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the supplementary self-government agreement.

Binding

(3) For greater certainty, a supplementary self-government agreement is binding on, and may be relied on by, all persons and bodies.

Taxation

Tax treatment agreements

13 A tax treatment agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.

Not treaties

14 A tax treatment agreement does not form part of a treaty, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.

General

Judicial notice of treaties

15 (1) Judicial notice must be taken of a treaty, supplementary self-government agreement and tax treatment agreement.

Publication

(2) Each treaty, supplementary self-government agreement and tax treatment agreement must be published by the King’s Printer.

Evidence

(3) A copy of a treaty, supplementary self-government agreement or tax treatment agreement published by the King’s Printer is evidence of the treaty, supplementary self-government agreement or tax treatment agreement and of its contents and a copy purporting to be published by the King’s Printer is presumed to be so published unless the contrary is shown.

Judicial notice of Métis government laws

16 (1) Judicial notice must be taken of a Métis government law that is included in a public register of Métis government laws in accordance with the applicable treaty.

Evidence

(2) A copy of a Métis government law purporting to be included in a public register of Métis government laws is evidence of that law and of its contents unless the contrary is shown.

Notice

17 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation, validity or applicability of a provision of this Act, a treaty, a supplementary self-government agreement or a Métis government law, then the issue must not be decided until the party raising the issue has served notice

  • (a) on the Attorney General of Canada and each Métis government in the case of a provision of this Act;

  • (b) on the Attorney General of Canada and the Métis government that is a party to the treaty in the case of a provision of a treaty;

  • (c) on the Attorney General of Canada, the Métis government that is a party to the agreement and the Attorney General of a province, if any, that is a party to the agreement in the case of a provision of a supplementary self-government agreement; and

  • (d) on the Métis government that made the law in the case of a provision of a Métis government law.

Content and timing

(2) The notice must

  • (a) describe the proceeding;

  • (b) state the subject matter of the issue;

  • (c) state the date on which the issue is to be argued;

  • (d) give the particulars that are necessary to show the point to be argued; and

  • (e) be served at least 30 days before the day on which the issue is to be argued unless the court or tribunal authorizes a shorter period.

Participation in proceedings

(3) In any proceeding, the recipient of a notice may appear and participate as a party with the same rights as any other party.

Clarification

(4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required.

Statutory Instruments Act

18 The Statutory Instruments Act does not apply to a Métis government law.

Orders and regulations

19 (1) The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of this Act, a treaty, a supplementary self-government agreement, a tax treatment agreement or any other agreement related to the implementation of a treaty.

Collaboration — regulations

(2) The Governor in Council must ensure that the Métis government that is a party to the treaty or agreement has a meaningful opportunity to collaborate in the policy development leading to the making of the regulations for the purpose of carrying out a provision of a treaty or agreement.

Amendment or removal of information in schedule

20 The Governor in Council may, by order, on the recommendation of the Minister of Crown-Indigenous Relations, amend the schedule to amend or remove any information in column 1, 2, 3 or 4 if the Governor in Council is satisfied that the Métis government set out in that column 1 or set out in column 1 opposite that information has consented to the amendment or removal.

Transitional Provision

Actions and decisions deemed valid

21 Any action taken or decision made by a Métis government before the day on which the treaty to which it is a party came into force is deemed to have been validly taken or made to the extent that the action taken or decision made would have been valid under the treaty.

Consequential Amendments

R.‍S.‍, c. A-1

Access to Information Act

22 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

  • Start of inserted block

    (k) a Métis government, as defined in section 2 of the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act, that is a party to a treaty, as defined in that section.

    End of inserted block

R.‍S.‍, c. P-21

Privacy Act

23 (1) Paragraph 8(2)‍(f) of the Privacy Act is amended by adding the following after subparagraph (vii):

  • Start of inserted block

    (viii) a Métis government, as defined in section 2 of the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act, that is a party to a treaty, as defined in that section;

    End of inserted block

(2) Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (i), by adding “or” at the end of paragraph (j) and by adding the following after paragraph (j):

  • Start of inserted block

    (k) a Métis government, as defined in section 2 of the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act, that is a party to a treaty, as defined in that section.

    End of inserted block

24 Subsection 19(1) of the Act is amended by striking out “or” at the end of paragraph (f), by adding “or” at the end of paragraph (g) and by adding the following after paragraph (g):

  • Start of inserted block

    (h) a Métis government, as defined in section 2 of the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act, that is a party to a treaty, as defined in that section.

    End of inserted block

Coordinating Amendments

2013, c. 25

25 (1) In this section, other Act means the Yale First Nation Final Agreement Act.

(2) If section 20 of the other Act comes into force before section 22 of this Act, then that section 22 is replaced by the following:

22 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (j), by adding “or” at the end of paragraph (k) and by adding the following after paragraph (k):

  • (l) a Métis government, as defined in section 2 of the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act, that is a party to a treaty, as defined in that section.

(3) If section 22 of this Act comes into force before section 20 of the other Act, then that section 20 is replaced by the following:

20 Subsection 13(3) of the Access to Information Act is amended by striking out “or” at the end of paragraph (j), by adding “or” at the end of paragraph (k) and by adding the following after paragraph (k):

  • (l) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.

(4) If section 20 of the other Act comes into force on the same day as section 22 of this Act, then that section 20 is deemed to have come into force before that section 22 and subsection (2) applies as a consequence.

(5) If section 23 of the other Act comes into force before subsection 23(2) of this Act, then that subsection 23(2) is replaced by the following:

(2) Subsection 8(7) of the Act is amended by striking out “or” at the end of paragraph (j), by adding “or” at the end of paragraph (k) and by adding the following after paragraph (k):

  • (l) a Métis government, as defined in section 2 of the Recognition of Certain Métis Governments in Alberta, Ontario and Saskatchewan and Métis Self-Government Act, that is a party to a treaty, as defined in that section.

(6) If subsection 23(2) of this Act comes into force before section 23 of the other Act, then that section 23 is replaced by the following:

23 Subsection 8(7) of the Privacy Act is amended by striking out “or” at the end of paragraph (j), by adding “or’’ at the end of paragraph (k) and by adding the following after paragraph (k):

  • (l) the Yale First Nation Government, as defined in subsection 2(2) of the Yale First Nation Final Agreement Act.

(7) If section 23 of the other Act comes into force on the same day as subsection 23(2) of this Act, then that section 23 is deemed to have come into force before that subsection 23(2) and subsection (5) applies as a consequence.



SCHEDULE 

(Section 2, paragraph 5(b) and sections 8 and 20)
Métis Governments, Métis Collectivities, Treaties and Coming-into-force Dates
Column 1
Column 2
Column 3
Column 4
Item
Métis Government
Métis Collectivity
Treaty
Coming-into-force Date of Treaty
1
Métis Nation of Alberta
Métis Nation within Alberta
2
Métis Nation of Ontario
Métis Communities Represented by the Métis Nation of Ontario
3
Métis Nation – Saskatchewan
Métis Nation within Saskatchewan


EXPLANATORY NOTES

Access to Information Act
Clause 22: Relevant portion of subsection 13(3):

(3) The expression aboriginal government in paragraph (1)‍(e) means

Privacy Act
Clause 23: (1) Relevant portion of subsection 8(2):

(2) Subject to any other Act of Parliament, personal information under the control of a government institution may be disclosed

  • .‍.‍. 

  • (f) for the purpose of administering or enforcing any law or carrying out a lawful investigation, under an agreement or arrangement between the Government of Canada or any of its institutions and any of the following entities or any of their institutions:

(2) Relevant portion of subsection 8(7):

(7) The expression aboriginal government in paragraph (2)‍(k) means

Clause 24: Relevant portion of subsection 19(1):

19 (1) Subject to subsection (2), the head of a government institution shall refuse to disclose any personal information requested under subsection 12(1) that was obtained in confidence from


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