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Bill C-29

44th Parl. 1st Sess.
April 30, 2024
  • Bill C-29 is an Act that establishes a national council for reconciliation in Canada. This council is an independent and Indigenous-led organization whose purpose is to advance reconciliation with Indigenous peoples. The council will develop and implement a multi-year national action plan for reconciliation, monitor and conduct research on progress, recommend measures to promote reconciliation, educate the public, stimulate dialogue, and report on outcomes. The council will have a board of directors composed of Indigenous persons and other individuals with knowledge and experience related to reconciliation. The council will also receive information from the government to support its work.
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Senate Committee

44th Parl. 1st Sess.
October 26, 2023
  • The Standing Senate Committee on Indigenous Peoples has the honour to present its

    FIFTEENTH REPORT

    Your committee, to which was referred Bill C-29, An Act to provide for the establishment of a national council for reconciliation, has, in obedience to the order of reference of May 4, 2023, examined the said bill and now reports the same with the following amendments:

    1.Clause 2, page 2:

    (a) Replace lines 25 and 26 with the following:

    governments means the Government of Canada, provincial and local governments and Indigenous governing bodies. (gouver-”; and

    (b) add the following after line 27:

    Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)”.

    2.Clause 6, page 3: Replace line 22 with the following:

    “between Indigenous peoples and non-Indigenous peoples.”.

    3.Clause 7, pages 3 and 4:

    (a) On page 3, replace lines 24 to 29 with the following:

    (a) monitor, evaluate and report annually on the Government of Canada’s post-apology progress towards reconciliation, to ensure that government accountability for reconciling the relationship between Indigenous peoples and the Crown is maintained in the coming years;

    (b) monitor, evaluate and report on the progress being made towards reconciliation across all levels of government and sectors of Canadian society, including the progress being made towards the implementation of the Truth and Reconciliation Commission of ”; and

    (b) on page 4,

    (i) replace lines 3 to 5 with the following:

    (c) develop and implement a multi-year National Action Plan for Reconciliation that includes

    (i) research on practices that advance reconciliation in all sectors of Canadian society, by all governments in Canada and at the international level,

    (ii) policy development, and

    (iii) public education programs;”, and

    (ii) replace lines 16 and 17 with the following:

    (g) stimulate and promote innovative dialogue, partnerships between public and private sector bodies and public initiatives aimed at reconciliation;”.

    4.New clauses 7.1 and 7.2, page 4: Add the following after line 26:

    7.1 For greater certainty,

    (a) nothing in this Act is to be construed as authorizing the Council to act on behalf of, or represent the interests of, an Indigenous governing body; and

    (b) no duty to consult an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 is discharged by consulting or engaging with the Council.

    Bilateral Mechanisms

    7.2 For greater certainty, if the Government of Canada establishes or has established a bilateral mechanism with an Indigenous governing body, that bilateral mechanism is not affected by this Act.”.

    5.Clause 16, page 7: Add the following after line 8:

    (3) If the Minister fails to comply with the obligations set out in subsections (1) and (2), the Council may apply to a judge of the Federal Court for a declaration to that effect or for any other appropriate order.”.

    6.Clause 16.1, page 7: Replace lines 9 and 10 with the following:

    16.1 The Minister must, within six months after March 31 of each year, submit to the Council an annual”.

    7.Clause 17, page 8: Replace lines 7 to 11 with the following:

    (a) the Government of Canada’s post-apology progress towards reconciliation;

    (b) the progress being made towards reconciliation across all levels of government and sectors of Canadian society; and

    (c) the Council’s recommendations respecting mea-”.

    8. Make any necessary consequential changes to the numbering of provisions and cross-references resulting from the amendments to the bill.

    Your committee has also made certain observations, which are appended to this report.

    Respectfully submitted,

    BRIAN FRANCIS

    Chair

    Observations to the Fifteenth Report of the Standing Senate Committee on Indigenous Peoples (Bill C-29)

    Your committee observes that the context behind the establishment of the National Council for Reconciliation (the Council) is the devastating intergenerational effects of assimilationist policies promoted by the federal government. Residential schools and other colonialist Canadian practices and policies have had significant negative impacts on Indigenous peoples’ well-being, including disproportionate health, social and economic disparities between Indigenous peoples and non-Indigenous peoples in Canada. These disparities highlight the need to establish the National Council for Reconciliation so that an independent, Indigenous-operated organization can measure progress on eliminating these disparities between Indigenous and non-Indigenous peoples. Elders, Survivors and their descendants are integral to the governance of the Council.

    Timely and unencumbered access to information is vital to ensuring the Council can fulfill its mandate to monitor and conduct research on the advancement of reconciliation within Canada.

    Reflecting on difficulties experienced by other bodies, such as the National Centre for Truth and Reconciliation to access records critical to their mandate, this committee notes the vital importance of a complaint resolution mechanism that should be established at the same time as the information sharing and disclosure protocol described in section 16(1) of Bill C-29, An Act to provide for the establishment of a national council for reconciliation (the bill). Your committee believes the amendments made to this section of the bill will enable the Council to obtain remedies to any non-disclosure of information by governments through the courts.

    The Board of Directors of the Council should strive to include a broader representation of Indigenous peoples than those currently identified in the Act; in particular, the council should reflect the wide diversity, backgrounds and experiences of Indigenous peoples regardless of where they live.

    The committee amended the bill to reflect the paramount importance of the permanent bilateral mechanisms established between the Government of Canada and First Nations, Inuit and Métis peoples. These mechanisms have been effective in enabling representative organizations to identify, promote and advance their own priorities and perspectives on how Canada can continue to make progress on reconciliation. This committee recognizes that other bilateral mechanisms have also been established by the Government of Canada with other Indigenous governing bodies. The Council should not interfere with these mechanisms; bilateral mechanisms, however, could be complemented by the work of the Council.

    The committee is pleased that the Government of Canada allocated funds for an endowment for the Council, which will enable it to function independently. However, the committee was persuaded by witness testimony arguing that the current amount of the endowment is insufficient to enable the Council to fulfill their mandate as set out in the bill. An appropriate endowment will enable the Council to contribute meaningfully to reconciliation. Based on testimony received, this committee strongly recommends that the government must increase the endowment funds to a more appropriate level, at least commensurate with the endowment provided to the Aboriginal Healing Foundation, and ensure the Council has access to long-term, multi-year funding.

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Senate Committee

44th Parl. 1st Sess.
October 24, 2023
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Senate Committee

44th Parl. 1st Sess.
October 18, 2023
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Senate Committee

44th Parl. 1st Sess.
October 17, 2023
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Senate Committee

44th Parl. 1st Sess.
September 26, 2023
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Senate Committee

44th Parl. 1st Sess.
June 14, 2023
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House Committee

44th Parl. 1st Sess.
November 21, 2022
  • In accordance with its Order of Reference of Thursday, September 29, 2022, your committee has considered Bill C-29, An Act to provide for the establishment of a national council for reconciliation, and agreed on Thursday, November 17, 2022, to report it with the following amendments:

    Clause 6

    That Bill C-29, in Clause 6, be amended by replacing line 16 on page 3 with the following:

    “6 The purpose of the Council is to advance”

    Clause 7

    That Bill C-29, in Clause 7, be amended

    (a) by replacing line 20 on page 3 with the following:

    “tion plan to advance reconciliation;”

    (b) by replacing lines 23 and 24 on page 3 with the following:

    “dian society and by all governments in Canada to implement the Truth and Reconciliation”

    (c) by replacing lines 26 and 27 on page 3 with the following:

    “(c) conduct research on practices that advance reconciliation in all sectors of Canadi‐”

    (d) by replacing line 2 on page 4 with the following:

    “coordinate reconciliation in all sectors of”

    That Bill C-29, in Clause 7, be amended by adding after line 25 on page 3 the following:

    “(b.1) ensure that reconciliation is consistent with the protection and promotion of the rights of Indigenous peoples, including by advancing a rights-based approach to self-determination;”

    That Bill C-29, in Clause 7, be amended by adding after line 9 on page 4 the following:

    “(h) monitor and report on the progress made on measurable outcomes, including in relation to the Truth and Reconciliation Commission of Canada’s Call to Action number 55.”

    That Bill C-29, in Clause 7, be amended by adding after line 9 on page 4 the following:

    “(h) protect Indigenous language rights, including by ensuring that, to promote and support the participation of Indigenous persons in the work of the Council, translation and interpretation services are made available to them.”

    Clause 8

    That Bill C-29, in Clause 8, be amended by replacing lines 11 and 12 on page 4 with the following:

    “directors sent under section 3 are to be jointly selected by the Minister and the transitional commit‐”

    That Bill C-29, in Clause 8, be amended by replacing line 13 on page 4 with the following:

    “tee, taking into account sections 9, 11, 12 and 13 and the”

    Clause 10

    That Bill C-29, in Clause 10, be amended by adding after line 23 on page 4 the following:

    “(d) one director who may only be elected after having been nominated by the Native Women’s Association of Canada.”

    That Bill C-29, in Clause 10, be amended by adding after line 23 on page 4 the following:

    “(d) one director who may only be elected after having been nominated by the Congress of Aboriginal Peoples.”

    Clause 11

    That Bill C-29, in Clause 11, be amended by adding after line 4 on page 5 the following:

    “(2) At least two of the directors must be residents of Yukon, the Northwest Territories or Nunavut.”

    Clause 12

    That Bill C-29, in Clause 12, be amended by replacing lines 5 to 7 on page 5 with the following:

    “12 The Council’s board of directors must, to the extent possible, include represen‐”

    That Bill C-29, in Clause 12, be amended by adding after line 9 on page 5 the following:

    “(a.1) Indigenous elders;

    (a.2) Indigenous survivors of the discriminatory and assimilationist policies of the Government of Canada and their descendants;”

    That Bill C-29, in Clause 12, be amended by replacing line 12 on page 5 with the following:

    “of the Department of Indigenous Services Act, to reflect the diversity of arrangements that govern relationships between Indigenous communities and the Government of Canada;”

    That Bill C-29, in Clause 12, be amended by adding after line 16 on page 5 the following:

    “(f) Indigenous persons whose first or second language is French.”

    That Bill C-29, in Clause 12, be amended by adding after line 16 on page 5 the following:

    “(f) survivors of Canadian residential schools or their descendants.”

    That Bill C-29, in Clause 12, be amended by adding after line 16 on page 5 the following:

    “(2) The composition of the board of directors must also, to the extent possible, ensure and equitably reflect gender diversity.”

    Clause 13

    That Bill C-29, in Clause 13, be amended by adding after line 19 on page 5 the following:

    “(2) To ensure that Indigenous views are heard in relation to the advancement of reconciliation with Indigenous peoples, the Council must consult with a variety of persons with relevant knowledge, expertise or experience, including elders, survivors of the discriminatory and assimilationist policies of the Government of Canada and Indigenous law practitioners.”

    Clause 16

    That Bill C-29, in Clause 16, be amended

    (a) by replacing line 1 on page 6 with the following:

    “16 (1) Within six months after the day on which the Council is incorporated, the Minister must, in collaboration with the Council,”

    (b) by adding after line 4 on page 6 the following:

    “(2) The protocol must allow, to the extent possible, the Council to receive all the information it judges relevant to fulfill its mission.”

    New Clause 16.1

    That Bill C-29 be amended by adding before line 5 on page 6 the following new clause:

    “16.1 The Minister must, within six months after the end of each financial year, submit to the Council an annual report setting out

    (a) a comparison of the number of Indigenous and non-Indigenous children in care, the reasons for their apprehension and the total spending on preventive and care services by child-welfare agencies;

    (b) a comparison of the funding for the education of Indigenous children on and off reserves;

    (c) a comparison of the educational and income attainments of Indigenous and non-Indigenous persons;

    (d) the progress made on closing the gaps between Indigenous and non-Indigenous communities in a number of health indicators, such as infant mortality, maternal health, suicide, mental health, addictions, life expectancy, birth rates, infant and child health issues, chronic diseases, illness and injury incidence, and the availability of appropriate health services;

    (e) the progress made on eliminating the overrepresentation of Indigenous children in youth custody;

    (f) the progress made on reducing the rate of criminal victimization of Indigenous persons, including data related to homicide, family violence and other crimes; and

    (g) the progress made on reducing the overrepresentation of Indigenous persons in the justice and correctional systems.”

    Clause 17

    That Bill C-29, in Clause 17, be amended

    (a) by replacing line 5 on page 6 with the following:

    “17 (1) The Council must, within three months after the”

    (b) by replacing line 20 on page 6 with the following:

    “(3) Within 60 days after the day on which the report un‐”

    That Bill C-29, in Clause 17, be amended by replacing line 13 on page 6 with the following:

    “sures to promote, prioritize and coordinate”

    That Bill C-29, in Clause 17, be amended by replacing line 21 on page 6 with the following:

    “der subsection (2) is laid, the Prime Minister must, on behalf of”

    Preamble

    That Bill C-29, in the preamble, be amended by adding before line 1 on page 1 the following:

    “Whereas, since time immemorial, Indigenous peoples have thrived on and managed and governed their Indigenous lands;

    Whereas, since the arrival of settlers and colonization, Indigenous peoples have experienced assimilationist policies, which must be addressed through reconciliation;”

    That Bill C-29, in the preamble, be amended by adding after line 20 on page 1 the following:

    “Whereas reconciliation requires the revitalization and celebration of Indigenous languages;”

    That Bill C-29, in the preamble, be amended by replacing line 25 on page 1 with the following:

    “the progress being made towards reconciliation, including in relation to respect for and the protection and promotion of the rights of Indigenous peoples, in all”

    That Bill C-29, in the preamble, be amended by replacing lines 2 and 3 on page 2 with the following:

    “ing through the provision of information re‐”

    Your committee has ordered a reprint of Bill C-29, as amended, as a working copy for the use of the House of Commons at the report stage.
    A copy of the relevant Minutes of Proceedings (Meetings Nos. 32 to 39) is tabled.
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House Committee

44th Parl. 1st Sess.
November 17, 2022
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House Committee

44th Parl. 1st Sess.
November 14, 2022
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House Committee

44th Parl. 1st Sess.
October 31, 2022
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House Committee

44th Parl. 1st Sess.
October 24, 2022
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House Committee

44th Parl. 1st Sess.
October 17, 2022
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