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