| Page 1 | |
| First Session, Forty-fourth Parliament, | |
| 70-71 Elizabeth II – 1-2 Charles III, 2021-2022-2023-2024 | |
| STATUTES OF CANADA 2024 | |
| CHAPTER 8 | |
| An Act to provide for the establishment of a | |
| national council for reconciliation | |
| ASSENTED TO | |
| APRIL 30, 2024 | |
| BILL C-29 | |
| Page 2 | |
| SUMMARY | |
| This enactment provides for the establishment of a national | |
| council for reconciliation as an independent, non-political, per- | |
| manent and Indigenous-led organization whose purpose is to | |
| advance reconciliation between Indigenous peoples and non-In- | |
| digenous peoples. | |
| Available on the House of Commons website at the following address: | |
| www.ourcommons.ca | |
| 2021-2022-2023-2024 | |
| Page 3 | |
| TABLE OF PROVISIONS | |
| An Act to provide for the establishment of a national | |
| council for reconciliation | |
| Preamble | |
| Short Title | |
| National Council for Reconciliation Act | |
| 1 | |
| Interpretation | |
| Definitions | |
| 2 | |
| Establishment | |
| Sending of articles of incorporation | |
| 3 | |
| Not agent of His Majesty | |
| 4 | |
| Qualified donee | |
| 5 | |
| Purpose and Functions | |
| Purpose | |
| 6 | |
| Functions | |
| 7 | |
| For greater certainty | |
| 7.1 | |
| Bilateral Mechanisms | |
| Bilateral Mechanisms | |
| 7.2 | |
| Board of Directors | |
| First board of directors | |
| 8 | |
| Composition | |
| 9 | |
| Nominations | |
| 10 | |
| Indigenous persons | |
| 11 | |
| Representativeness | |
| 12 | |
| Knowledge and experience | |
| 13 | |
| Term of office | |
| 14 | |
| Election | |
| 15 | |
| Disclosure of Information | |
| Protocol | |
| 16 | |
| Annual Reports | |
| Report of Minister | |
| 16.1 | |
| Report of Council | |
| 17 | |
| 2021-2022-2023-2024 | |
| Page 4 | |
| Financial Report | |
| Contents | |
| 18 | |
| Dissolution | |
| Distribution of property | |
| 19 | |
| Coming into Force | |
| Order in council | |
| 20 | |
| 2021-2022-2023-2024 | |
| Chapter 8: National Council for Reconciliation Act | |
| TABLE OF PROVISIONS | |
| Page 5 | |
| 70-71 ELIZABETH II – 1-2 CHARLES III | |
| CHAPTER 8 | |
| An Act to provide for the establishment of a national | |
| council for reconciliation | |
| [Assented to 30th April, 2024] | |
| Preamble | |
| Whereas, since time immemorial, First Nations and | |
| Inuit peoples — and, post-contact, the Métis Nation | |
| — have thrived on and managed and governed their | |
| Indigenous lands; | |
| Whereas, since the arrival of settlers and coloniza- | |
| tion, Indigenous peoples have experienced assimila- | |
| tionist policies, which must be addressed through | |
| reconciliation; | |
| Whereas reconciliation with Indigenous peoples is | |
| recognized as a fundamental purpose of section 35 of | |
| the Constitution Act, 1982; | |
| Whereas that reconciliation requires collective efforts | |
| from all peoples and the commitment of multiple | |
| generations; | |
| Whereas Indigenous peoples have their own collec- | |
| tive identities, cultures, teachings and ways of life | |
| and have, throughout history and to this day, contin- | |
| ued to live in, use and occupy the lands that are now | |
| in Canada; | |
| Whereas the Government of Canada is committed to | |
| achieving reconciliation with Indigenous peoples | |
| through renewed nation-to-nation, government-to- | |
| government and Inuit-Crown relationships based on | |
| recognition of rights, respect, cooperation and part- | |
| nership; | |
| Whereas the Government of Canada is committed to | |
| implementing the United Nations Declaration on the | |
| Rights of Indigenous Peoples; | |
| Whereas reconciliation requires the revitalization and | |
| celebration of Indigenous languages; | |
| Whereas the Government of Canada recognizes the | |
| need for the establishment of an independent, non- | |
| political, permanent and Indigenous-led organization | |
| to monitor, evaluate, conduct research and report on | |
| 2021-2022-2023-2024 | |
| Page 6 | |
| the progress being made towards reconciliation, in- | |
| cluding in relation to respect for and the protection | |
| and promotion of the rights of Indigenous peoples, in | |
| all sectors of Canadian society and by all govern- | |
| ments in Canada, in order to address the Truth and | |
| Reconciliation Commission of Canada’s Call to Action | |
| number 53; | |
| Whereas the Government of Canada recognizes the | |
| need for such an organization to be a catalyst for in- | |
| novative thought, dialogue and action; | |
| And whereas the Government of Canada recognizes | |
| the importance of the work of such an organization | |
| as well as the need to cooperate with it and support it | |
| in its contribution to advancing reconciliation, includ- | |
| ing through the provision of information referred to | |
| in the Truth and Reconciliation Commission of | |
| Canada’s Call to Action number 55; | |
| 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 National Council for Rec- | |
| onciliation Act. | |
| Interpretation | |
| Definitions | |
| 2 (1) The following definitions apply in this Act. | |
| Council means the corporation incorporated as a result | |
| of the sending of the articles of incorporation and other | |
| documents referred to in section 3. (Conseil) | |
| governments means | |
| the | |
| Government | |
| of | |
| Canada, | |
| provincial and local governments and Indigenous gov- | |
| erning bodies. (gouvernements) | |
| Indigenous governing body means a council, govern- | |
| ment 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 Con- | |
| stitution Act, 1982. (corps dirigeant autochtone) | |
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| Chapter 8: National Council for Reconciliation Act | |
| Short Title | |
| Preamble – Sections 1-2 | |
| Page 7 | |
| Indigenous peoples has the meaning assigned by the | |
| definition aboriginal peoples of Canada in subsection | |
| 35(2) of the Constitution Act, 1982. (peuples autoch- | |
| tones) | |
| Minister means the Minister of Crown-Indigenous Rela- | |
| tions. (ministre) | |
| transitional committee means the National Council for | |
| Reconciliation Transitional Committee established by the | |
| Minister under section 19 of the Department of Crown- | |
| Indigenous Relations and Northern Affairs Act. (comité | |
| de transition) | |
| Act prevails | |
| (2) In the event of any inconsistency between this Act | |
| and the Canada Not-for-profit Corporations Act, or any- | |
| thing issued, made or established under that Act, this Act | |
| prevails to the extent of the inconsistency. | |
| Establishment | |
| Sending of articles of incorporation | |
| 3 One of the members of the transitional committee au- | |
| thorized to do so by the committee must send to the Di- | |
| rector, as defined in subsection 2(1) of the Canada Not- | |
| for-profit Corporations Act, articles of incorporation and | |
| the other documents that are required under that Act to | |
| effect the incorporation of the Council. | |
| Not agent of His Majesty | |
| 4 The Council is not an agent of His Majesty in right of | |
| Canada nor is it, for greater certainty, an entity governed | |
| by the Financial Administration Act. | |
| Qualified donee | |
| 5 The Council is deemed to be a qualified donee within | |
| the meaning of the Income Tax Act. | |
| Purpose and Functions | |
| Purpose | |
| 6 The purpose of the Council is to advance reconciliation | |
| between Indigenous peoples and non-Indigenous peo- | |
| ples. | |
| Functions | |
| 7 In carrying out its purpose, the Council is to | |
| (a) monitor, evaluate and report annually on the Gov- | |
| ernment of Canada’s post-apology progress towards | |
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| Chapter 8: National Council for Reconciliation Act | |
| Interpretation | |
| Sections 2-7 | |
| Page 8 | |
| reconciliation, to ensure that government accountabil- | |
| ity for reconciling the relationship between Indige- | |
| nous peoples and the Crown is maintained in the com- | |
| ing years; | |
| (b) monitor, evaluate and report on the progress be- | |
| ing 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 | |
| Canada’s Calls to Action; | |
| (b.1) ensure that reconciliation is consistent with the | |
| protection and promotion of the rights of Indigenous | |
| peoples, including by advancing a rights-based ap- | |
| proach to self-determination; | |
| (c) develop and implement a multi-year National Ac- | |
| tion Plan for Reconciliation that includes | |
| (i) research on practices that advance reconcilia- | |
| tion in all sectors of Canadian society, by all gov- | |
| ernments in Canada and at the international level, | |
| (ii) policy development, and | |
| (iii) public education programs; | |
| (d) monitor policies and programs of the Government | |
| of Canada, and federal laws, that affect Indigenous | |
| peoples; | |
| (e) recommend measures to promote, prioritize and | |
| coordinate reconciliation in all sectors of Canadian so- | |
| ciety and by all governments in Canada; | |
| (f) educate the public about Indigenous peoples’ reali- | |
| ties and histories and advocate for reconciliation in all | |
| sectors of Canadian society and by all governments in | |
| Canada; | |
| (g) stimulate and promote innovative dialogue, part- | |
| nerships between public and private sector bodies and | |
| public initiatives aimed at reconciliation; | |
| (h) monitor and report on the progress made on mea- | |
| surable outcomes, including in relation to the Truth | |
| and Reconciliation Commission of Canada’s Call to | |
| Action number 55; and | |
| (i) protect Indigenous language rights, including by | |
| ensuring that, to promote and support the participa- | |
| tion of Indigenous persons in the work of the Council, | |
| translation and interpretation services are made avail- | |
| able to them. | |
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| Chapter 8: National Council for Reconciliation Act | |
| Purpose and Functions | |
| Section | |
| 7 | |
| Page 9 | |
| For greater certainty | |
| 7.1 For greater certainty, | |
| (a) nothing in this Act is to be construed as authoriz- | |
| ing the Council to act on behalf of, or represent the in- | |
| terests of, an Indigenous governing body; and | |
| (b) no duty to consult an Indigenous group, commu- | |
| nity or people that holds rights recognized and af- | |
| firmed by section 35 of the Constitution Act, 1982 is | |
| discharged by consulting or engaging with the Coun- | |
| cil. | |
| Bilateral mechanisms | |
| 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. | |
| Board of Directors | |
| First board of directors | |
| 8 The persons whose names are set out in the notice of | |
| directors sent under section 3 are to be jointly selected by | |
| the Minister and the transitional committee, taking into | |
| account sections 9, 11, 12 and 13 and the nominations re- | |
| ferred to in subsection 10(1). | |
| Composition | |
| 9 The Council’s board of directors is to be composed of a | |
| minimum of nine and a maximum of 13 directors. | |
| Nominations | |
| 10 (1) The board of directors is to include | |
| (a) one director who may only be elected after having | |
| been nominated by the Assembly of First Nations; | |
| (b) one director who may only be elected after having | |
| been nominated by Inuit Tapiriit Kanatami; | |
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| Chapter 8: National Council for Reconciliation Act | |
| Purpose and Functions | |
| Sections 7-10 | |
| Page 10 | |
| (c) one director who may only be elected after having | |
| been nominated by the Métis National Council; and | |
| (d) one director who may only be elected after having | |
| been nominated by the Native Women’s Association of | |
| Canada. | |
| Vacancy — nominated directors | |
| (2) If there is a vacancy among the directors referred to | |
| in paragraphs (1)(a) to (d), the remaining directors may | |
| exercise all the powers of the directors if the number of | |
| directors on the Council’s board of directors constitutes a | |
| quorum. | |
| Application process | |
| (3) The other directors are to be elected following an ap- | |
| plication process established by the board of directors. | |
| Indigenous persons | |
| 11 (1) At least two thirds of the directors must be In- | |
| digenous persons. | |
| Residents of territories | |
| (2) At least two of the directors must be residents of | |
| Yukon, the Northwest Territories or Nunavut. | |
| Representativeness | |
| 12 (1) The Council’s board of directors must, to the ex- | |
| tent possible, include representation from | |
| (a) First Nations, Inuit and the Métis; | |
| (a.1) Indigenous elders; | |
| (a.2) Indigenous survivors of the discriminatory and | |
| assimilationist policies of the Government of Canada | |
| and their descendants; | |
| (b) other peoples in Canada; | |
| (c) Indigenous organizations, as defined in section 2 | |
| of the Department of Indigenous Services Act, to re- | |
| flect the diversity of arrangements that govern rela- | |
| tionships between Indigenous communities and the | |
| Government of Canada; | |
| (d) youth, women, men and gender-diverse persons; | |
| (e) various regions of Canada, including urban, rural | |
| and remote regions; | |
| (f) Indigenous persons whose first or second language | |
| learned is French; and | |
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| Board of Directors | |
| Sections 10-12 | |
| Page 11 | |
| (g) survivors of Canadian residential schools or their | |
| descendants. | |
| Gender diversity | |
| (2) The composition of the board of directors must also, | |
| to the extent possible, ensure and equitably reflect gen- | |
| der diversity. | |
| Knowledge and experience | |
| 13 (1) Each director must have knowledge and experi- | |
| ence with respect to matters related to Indigenous peo- | |
| ples and other matters related to the Council’s purpose. | |
| Consultation | |
| (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 per- | |
| sons with relevant knowledge, expertise or experience, | |
| including elders, survivors of the discriminatory and as- | |
| similationist policies of the Government of Canada and | |
| Indigenous law practitioners. | |
| Term of office | |
| 14 Directors are to hold office for any term of not more | |
| than four years that will ensure as far as possible the ex- | |
| piry in any one year of the terms of office of not more | |
| than one third of the directors. A director is eligible to | |
| serve for a maximum of two terms. | |
| Election | |
| 15 Despite subsection 128(3) of the Canada Not-for- | |
| profit Corporations Act, and subject to section 8, each di- | |
| rector is to be elected by a special resolution, as defined | |
| in subsection 2(1) of that Act, of the members of the | |
| Council. | |
| Disclosure of Information | |
| Protocol | |
| 16 (1) Within six months after the day on which the | |
| Council is incorporated, the Minister must, in collabora- | |
| tion with the Council, develop a protocol respecting the | |
| disclosure by the Government of Canada to the Council | |
| of information that is relevant to the Council’s purpose. | |
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| Board of Directors | |
| Sections 12-16 | |
| Page 12 | |
| Relevant information | |
| (2) The protocol must allow, to the extent possible, the | |
| Council to receive all the information it judges relevant to | |
| fulfill its mission. | |
| Declaration | |
| (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. | |
| Annual Reports | |
| Report of Minister | |
| 16.1 The Minister must, within six months after March | |
| 31 of each 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 at- | |
| tainments of Indigenous and non-Indigenous persons; | |
| (d) the progress made on closing the gaps between In- | |
| digenous and non-Indigenous communities in a num- | |
| ber of health indicators, such as infant mortality, ma- | |
| ternal 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 overrepre- | |
| sentation 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 | |
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| Chapter 8: National Council for Reconciliation Act | |
| Disclosure of Information | |
| Sections 16-16.1 | |
| Page 13 | |
| (g) the progress made on reducing the overrepresen- | |
| tation of Indigenous persons in the justice and correc- | |
| tional systems. | |
| Report of Council | |
| 17 (1) The Council must, within three months after the | |
| end of each financial year, submit to the Minister an an- | |
| nual report setting out | |
| (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 Canadi- | |
| an society; and | |
| (c) the Council’s recommendations respecting mea- | |
| sures to promote, prioritize and coordinate reconcilia- | |
| tion in all sectors of Canadian society and by all gov- | |
| ernments in Canada. | |
| Tabling in Parliament | |
| (2) The Minister must cause a copy of 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 day on | |
| which the report is received. | |
| Government response | |
| (3) Within 60 days after the day on which the report un- | |
| der subsection (2) is laid, the Prime Minister must, on | |
| behalf of the Government of Canada, respond to the mat- | |
| ters addressed by the report that are under the jurisdic- | |
| tion of Parliament by publishing an annual report on the | |
| state of Indigenous peoples that outlines the Government | |
| of Canada’s plans for advancing reconciliation. | |
| Financial Report | |
| Contents | |
| 18 (1) Within six months after the end of each financial | |
| year, the Council must make public | |
| (a) the documents and information that are required | |
| to be placed before the members of the Council under | |
| section 172 of the Canada Not-for-profit Corpora- | |
| tions Act; and | |
| (b) a detailed statement of the Council’s investment | |
| activities during that year, its investment portfolio as | |
| at the end of that year and its management of funds | |
| that it has received during the year. | |
| 2021-2022-2023-2024 | |
| Chapter 8: National Council for Reconciliation Act | |
| Annual Reports | |
| Sections 16.1-18 | |
| Page 14 | |
| Audit engagement | |
| (2) The comparative financial statements referred to in | |
| paragraph 172(1)(a) of the Canada Not-for-profit Corpo- | |
| rations Act must be subject to an audit engagement. | |
| Dissolution | |
| Distribution of property | |
| 19 In the case of dissolution of the Council under Part 14 | |
| of the Canada Not-for-profit Corporations Act, any | |
| property remaining on liquidation after the discharge of | |
| any liabilities of the Council, other than property referred | |
| to in section 234 of that Act, is to be distributed to one or | |
| more qualified donees, within the meaning of the Income | |
| Tax Act, specified by the Minister, that have a similar | |
| purpose to the Council. | |
| Coming into Force | |
| Order in council | |
| 20 This Act comes into force on a day to be fixed by or- | |
| der of the Governor in Council. | |
| Published under authority of the Speaker of the House of Commons | |
| 2021-2022-2023-2024 | |
| Chapter 8: National Council for Reconciliation Act | |
| Financial Report | |
| Sections 18-20 | |
| Page 15 | |
| Page 16 | |
| Available on the House of Commons website | |
| Disponible sur le site Web de la Chambre des com | |