Proceedings of the Standing Senate Committee on
Aboriginal Peoples
Issue 9 - Minutes of Proceedings - October 29, 2014
OTTAWA, Wednesday, October 29, 2014
(39)
[English]
The Standing Senate Committee on Aboriginal Peoples met this day at 6:51 p.m., in room 160-S, Centre Block, the chair, the Honourable Dennis Glen Patterson, presiding.
Members of the committee present: The Honourable Senators Beyak, Dyck, Enverga, Lovelace Nicholas, Moore, Ngo, Patterson, Raine, Sibbeston, Tannas and Wallace (11).
Other senator present: The Honourable Senator Watt (1).
In attendance: Martha Butler, Analyst, Parliamentary Information and Research Service, Library of Parliament.
Also in attendance: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Tuesday, June 10, 2014, the committee continued its consideration of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement. (For complete text of the order of reference, see proceedings of the committee, Issue No. 8.)
It was agreed that the committee proceed to clause-by-clause consideration of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
It was agreed that the title stand postponed.
It was agreed that the preamble stand postponed.
It was agreed that clause 1 stand postponed.
The chair asked whether clause 2 shall carry.
The Honourable Senator Dyck moved:
That Bill C-428 be amended in clause 2, on page 2,
(a) by replacing line 1 with the following:
"2. (1) Within the first 10 sitting days of the"; and
(b) by adding after line 9 the following:
"(2) Within the first 10 sitting days of the Senate in every calendar year, the Minister of Indian Affairs and Northern Development must cause to be laid before the Senate a report on the nature and progress of the work undertaken by his or her department in consultation with First Nations and other interested parties to develop new legislation to replace the Indian Act.".
After debate, the question being put on the motion in amendment, it was negatived.
The Honourable Senator Moore moved:
That Bill C-428 be amended in clause 2, on page 2, at line 4,
(a) by replacing the words "the House of Commons Committee" with the following:
"2. (1) Committees of both Houses of Parliament; and
(b) by replacing, in line 6, the word "collaboration" with:
"consultation".
After debate, the question being put on the motion in amendment, it was negatived.
It was agreed that clause 2 carry, on division.
It was agreed that clause 3 carry.
It was agreed that clause 4 stand postponed.
It was agreed that clause 5 carry.
It was agreed that clause 6 carry, on division.
At 8 p.m., the committee suspended.
At 8:10 p.m., the committee resumed.
It was agreed that clause 7 carry, on division.
It was agreed that clause 8 carry, on division.
It was agreed that clause 9 carry, on division.
It was agreed that clause 10 carry.
It was agreed that clause 11 carry, on division.
It was agreed that clause 12 carry, on division.
It was agreed that clause 13 carry, on division.
It was agreed that clause 14 carry, on division.
It was agreed that clause 15 carry, on division.
It was agreed that clause 16 carry, on division.
It was agreed that clause 17 carry, on division.
It was agreed that clause 18 carry, on division.
It was agreed that clause 4 carry, on division.
The chair asked whether the preamble shall carry.
The Honourable Senator Dyck moved:
That Bill C-428 be amended in the preamble, on page 1,
(a) by replacing line 12 with the following:
"the modern and treaty relationship between it and the" and
(b) by replacing line 17 with the following:
"legislation in consultation with the First".
The question being put on the motion in amendment, it was negatived.
It was agreed that the preamble carry, on division.
The chair asked whether clause 1 shall carry.
The Honourable Senator Dyck moved:
That Bill C-428 be amended, on page 1, by adding after line 24 the following:
"INTERPRETATION
1.1 For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from the aboriginal and treaty rights of the aboriginal peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.".
The question being put on the motion in amendment, it was negatived.
The chair asked whether clause 1 shall carry.
It was agreed that clause 1 carry, on division.
It was agreed that the title carry.
After debate, it was agreed that the committee continue in camera.
At 9:09 p.m., the committee continued in camera.
At 9:16 p.m., the committee resumed in public.
It was agreed that the bill carry, on division.
It was agreed that the chair report the bill to the Senate, on division.
At 9:17 p.m., pursuant to the order of reference adopted by the Senate on Tuesday, February 25, 2014, the committee continued its consideration of the challenges and potential solutions relating to First Nations infrastructure on reserves. (For complete text of the order of reference, see proceedings of the committee, Issue No. 4.)
The Honourable Senator Moore moved:
That the following special study supplementary budget application (challenges and potential solutions relating to First Nations infrastructure on reserves) be approved for submission to the Standing Senate Committee on Internal Economy, Budgets and Administration:
General Expenses $ 16,250
TOTAL $ 16,250
And that the Subcommittee on Agenda and Procedure be authorized to make final edits and to approve the final budget submission.
The question being put on the motion, it was adopted.
At 9:25 p.m., it was agreed that the committee adjourn to the call of the chair.
ATTEST:
Marcy Zlotnick
Clerk of the Committee