GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indigenous Languages Act — I-7.85 40
Restriction 40 Nothing in sections 34 to 39 is to be construed as authorizing the Office’s auditor or the examiner to express any opinion on the merits of matters of policy, including the merits of the Office’s mandate or any policy decision of the Office.
Indigenous Languages Act — I-7.85 41
Qualified privilege 41 An oral or written statement or a report made under this Act by the Office’s auditor or an examiner has qualified privilege.
Indigenous Languages Act — I-7.85 42
Disclosure of material developments 42 The Commissioner must, as soon as feasible, notify the Minister of any financial or other developments that, in the Commissioner’s opinion, are likely to have a material effect on the Office’s ability to carry out its mandate or exercise its powers or perform its duties or functions, on its performance or on its requirements for funding.
Indigenous Languages Act — I-7.85 43
Contents 43 (1) The Office must, within four months after the end of each fiscal year, submit to the Minister an annual report on (a) the use and vitality of Indigenous languages in Canada; (b) the needs of Indigenous groups, communities and peoples and entities that are specialized in Indigenous languages — and the progress made — in relation to the reclamation, revitalization, maintenance and strengthening of Indigenous languages; (c) the adequacy of funding provided by the Government of Canada for the purposes of initiatives related to Indigenous languages; and (d) the implementation of this Act. Activities of Office and other contents (2) The annual report must also set out information respecting the Office’s principal activities for the fiscal year and must include (a) a list of the research and studies undertaken under subsection 24(1); (a.1) the Office’s financial statements; (b) the annual auditor’s report; (c) a statement on the extent to which the Office has met its objectives for the fiscal year; and (d) any other information specified by the regulations.
Indigenous Languages Act — I-7.85 44
Tabling in Parliament 44 (1) The Minister must cause a copy of the Office’s 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. Referral to committee (2) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.
Indigenous Languages Act — I-7.85 45
Regulation-making powers 45 (1) Following consultations by the Minister with the Office, a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to take into account the unique circumstances and needs of Indigenous groups, communities and peoples, the Governor in Council may make regulations (a) respecting complaints referred to in section 27 , including (i) the filing of complaints, including the conditions that must be met before complaints may be filed, (ii) the review of complaints, and (iii) the reports made after conducting the review of complaints, including the type of recommendations that may be made in those reports, the period of time within which the reports must be completed and the persons or entities to which the reports must be provided; (a.1) respecting procedures for consultations required under this Act as well as for the negotiation of agreements or arrangements under sections 8 and 9; (a.2) for the purpose of section 10.1, (i) specifying the services to which access may be provided in an Indigenous language and the region in which a federal institution or its agent or mandatary may provide access to those services in that language, (ii) defining the expression “provide access to services”, and (iii) defining the expressions “capacity” and “demand” and specifying the circumstances in which a federal institution or its agent or mandatary has the capacity to provide access to services in an Indigenous language and those in which demand for access to services in that language is sufficient; (b) specifying other information to be included in the annual report for the purposes of paragraph 43 (2)(d); and (c) generally, for carrying out the purposes and provisions of this Act. Distinctions-based approach (2) The regulations made under paragraph (1)(a.2) may provide definitions and requirements that vary depending on (a) the Indigenous language in question; (b) the use and vitality of that language; (c) the unique circumstances and needs of an Indigenous group, community or people that uses that language; (d) the region where that language is used; and (e) the federal institution or its agent or mandatary that may provide access to services in that language.
Indigenous Languages Act — I-7.85 45.1
Collaboration 45.1 The Minister must ensure that Indigenous governments and other Indigenous governing bodies and Indigenous organizations are afforded a meaningful opportunity to collaborate in policy development leading to the making of regulations under section 45.
Indigenous Languages Act — I-7.85 46
Rules — Office’s meetings and activities 46 The Office may make rules with respect to (a) the calling of meetings of the Office, the number of persons that constitute a quorum at each meeting and the manner in which decisions are to be made; and (b) the conduct of the activities of the Office.
Indigenous Languages Act — I-7.85 47
Rules — dispute resolution and complaints 47 Subject to any regulations made under paragraph 45 (a), the Office may make rules, including rules of procedure, that apply in respect of dispute resolution services or the review of complaints.
Indigenous Languages Act — I-7.85 48
Rules — confidentiality 48 The Office must make rules to ensure the confidentiality of the information the Office receives in confidence in the exercise of its powers and the performance of its duties and functions.
Indigenous Languages Act — I-7.85 49
Five-year review 49 (1) Within five years after the day on which this section comes into force and every five years after that, the Minister must cause to be conducted an independent review of this Act, of its administration and operation, of any agreements or arrangements made under section 9 and of the activities of the Office. The review must be conducted by a person or body appointed by the Minister in consultation with the Office. Report (2) The person or body that conducts the review must submit to the Minister a report setting out their conclusions and recommendations, including (a) any measures that would contribute to the fulfilment of the objectives of this Act; and (b) any changes to this Act in relation to, among other things, the mandate or the activities of the Office or the agreements or arrangements made under section 9 . Consultations (2.1) Before submitting the report to the Minister, the person or body that conducts the review must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations concerning the conclusions and recommendations that should be included in the report. Tabling in Parliament (3) 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. Referral to committee (4) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.
Indigenous Languages Act — I-7.85 49.1
Three-year review 49.1 As soon as feasible after the third anniversary of the day on which this section comes into force and after each subsequent third anniversary, a review of this Act and of its administration and operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.
Indigenous Languages Act — I-7.85 Order in council
Order in council * 50 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 1 to 11, 13, 13.1, 16, 18 and 19 in force August 29, 2019, sections 12, 14, 15, 17 and 20 to 49.1 in force October 1, 2020, see SI/2019-93.]
Department of Indigenous Services Act — I-7.88 Preamble
Preamble Whereas the Government of Canada is committed to
Department of Indigenous Services Act — I-7.88
achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership,
Department of Indigenous Services Act — I-7.88
promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 , and
Department of Indigenous Services Act — I-7.88
implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Department of Indigenous Services Act — I-7.88
And whereas it is appropriate to establish a Department of Indigenous Services and that the Department, in carrying out its activities,
Department of Indigenous Services Act — I-7.88
ensures that Indigenous individuals have access — in accordance with transparent service standards and the needs of each Indigenous group, community or people — to services for which those individuals are eligible,
Department of Indigenous Services Act — I-7.88
takes into account socio-economic gaps that persist between Indigenous individuals and other Canadians with respect to a range of matters as well as social factors having an impact on health and well-being,
Department of Indigenous Services Act — I-7.88
recognizes and promotes Indigenous ways of knowing, being and doing,
Department of Indigenous Services Act — I-7.88
collaborates and cooperates with Indigenous peoples and with the provinces and territories, and
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implements the gradual transfer of departmental responsibilities to Indigenous organizations;
Department of Indigenous Services Act — I-7.88
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Department of Indigenous Services Act — I-7.88 1
Short title 1 This Act may be cited as the Department of Indigenous Services Act .
Department of Indigenous Services Act — I-7.88 2
Definitions 2 The following definitions apply in this Act. Department means the department established under section 3. ( ministère ) 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 ) Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. ( organisation autochtone ) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones ) Minister means the Minister of Indigenous Services. ( ministre )
Department of Indigenous Services Act — I-7.88
Department means the department established under section 3. ( ministère )
Department of Indigenous Services Act — I-7.88
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 )
Department of Indigenous Services Act — I-7.88
Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. ( organisation autochtone )
Department of Indigenous Services Act — I-7.88
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones )
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Minister means the Minister of Indigenous Services. ( ministre )
Department of Indigenous Services Act — I-7.88 3
Department established 3 There is established a department of the Government of Canada, called the Department of Indigenous Services, over which the Minister presides.
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Minister 4 The Minister, appointed by commission under the Great Seal, holds office during pleasure and has the management and direction of the Department.
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Deputy Minister 5 The Governor in Council may appoint a Deputy Minister of Indigenous Services to hold office during pleasure and to be the deputy head of the Department.
Department of Indigenous Services Act — I-7.88 6
Powers, duties and functions 6 (1) The Minister’s powers, duties and functions extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to the provision of services to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible. Ministerial duty (2) The Minister is to ensure that services with respect to the following matters are provided to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible — including, in the case of Indigenous individuals, services provided by Indigenous governing bodies, if applicable: (a) child and family services; (b) education; (c) health; (d) social development; (e) economic development; (f) housing; (g) infrastructure; (h) emergency management; (h.1) governance; and (i) any other matter designated by order of the Governor in Council.
Department of Indigenous Services Act — I-7.88 7
Collaboration and transfer of responsibilities 7 In exercising the powers and performing the duties and functions under this Act, the Minister is to (a) provide Indigenous organizations with an opportunity to collaborate in the development, provision, assessment and improvement of the services referred to in subsection 6(2); and (b) in accordance with any agreements respecting the transfer of responsibilities that are entered into under section 9, take the appropriate measures to give effect to the gradual transfer to Indigenous organizations of departmental responsibilities with respect to the development and provision of those services.
Department of Indigenous Services Act — I-7.88 8
Limitations 8 For greater certainty, subsection 6(2) and section 7 apply subject to the transfer of responsibilities referred to in paragraph 7(b) and to agreements with Indigenous organizations, including land claims, self-government or self-determination agreements.
Department of Indigenous Services Act — I-7.88 9
Agreements 9 The Minister may enter into agreements with Indigenous organizations and other entities regarding the provision of services referred to in subsection 6(2) and the transfer of responsibilities referred to in paragraph 7(b).
Department of Indigenous Services Act — I-7.88 10
Special representatives 10 (1) The Minister may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter. Committees (2) The Minister may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1). Remuneration and expenses (3) The Minister is to fix the remuneration and expenses to be paid to special representatives and to committee members.
Department of Indigenous Services Act — I-7.88 11
Provision of services between departments 11 The Department may provide services to and receive services from the Department of Crown-Indigenous Relations and Northern Affairs — including services to support policy and program implementation — as provided in a written agreement between the Minister and the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, as the case may be.
Department of Indigenous Services Act — I-7.88 12
Collection and use of information 12 (1) The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration. Disclosure of information (2) The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others, (a) the Department of Crown-Indigenous Relations and Northern Affairs; (b) a department named in Schedule I to the Financial Administration Act , a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act; (c) an Indigenous organization; or (d) a not-for-profit entity controlled by Indigenous individuals. Exceptions related to disclosure (3) Paragraphs (2)(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information, (a) that is personal information as defined in section 3 of the Privacy Act , unless (i) the personal information is publicly available, (ii) the individual to whom the personal information relates consents to its disclosure, or (iii) the disclosure is for a purpose referred to in any of paragraphs 8(2)(a), (b), (f), (j), (k) or (m) of the Privacy Act ; (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege; (c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act ; or (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act .
Department of Indigenous Services Act — I-7.88 13
Support for Indigenous bodies 13 The Minister may support Indigenous bodies that specialize in research or statistics, in relation to their activities involving the collection, analysis, interpretation, publication and distribution of documents, information or data relating to the provision of services to Indigenous individuals.
Department of Indigenous Services Act — I-7.88 14
Delegation 14 The Minister may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, for any period and under any terms that the Minister considers suitable.
Department of Indigenous Services Act — I-7.88 15
Annual report to Parliament 15 The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on (a) the socio-economic gaps between First Nations individuals, Inuit, Métis individuals and other Canadians and the measures taken by the Department to reduce those gaps; and (b) the progress made towards the transfer of responsibilities referred to in paragraph 7(b).
Department of Indigenous Services Act — I-7.88 338
Minister 338 (1) Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State styled Minister of Indigenous Services is deemed, as of that day, to be the minister referred to in section 4 of the Department of Indigenous Services Act , as enacted by section 336 . Deputy Minister (2) Any person who holds, immediately before the day on which this section comes into force, the office of Special Adviser to the Minister of Indigenous Services, styled as Deputy Minister of Indigenous Services, is deemed to have been appointed on that day under section 5 of the Department of Indigenous Services Act , as enacted by section 336 , as the Deputy Minister of Indigenous Services. Persons who occupy a position (3) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indigenous Services Canada, except that the person, as of that day, occupies or is assigned to their position in the Department of Indigenous Services.
Department of Indigenous Services Act — I-7.88 339
Transfer of appropriations 339 Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indigenous Services Canada and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the public service of Canada within the Department of Indigenous Services.
Department of Indigenous Services Act — I-7.88 340
Validation of acts and decisions 340 Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State styled Minister of Indigenous Services during the period beginning on November 30, 2017 and ending on the day on which section 336 comes into force is deemed, to the extent that it would have been valid under the Department of Indigenous Services Act , as enacted by that section 336 , or any other Act of Parliament, to have been validly taken or made under the Department of Indigenous Services Act or that other Act of Parliament, as the case may be.
Department of Indigenous Services Act — I-7.88 345
References — certain agreements 345 (1) On the day on which section 337 comes into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in a land claims, specific claim or self-government agreement is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations or Department of Crown-Indigenous Relations and Northern Affairs, as the case may be. References — other documents (2) On the day on which both sections 336 and 337 come into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in any contract, instrument or act, agreement — other than an agreement referred to in subsection (1) — or other document is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations, Minister of Northern Affairs, Minister of Indigenous Services, Department of Crown-Indigenous Relations and Northern Affairs or Department of Indigenous Services, as the case may be.
Department of Indigenous Services Act — I-7.88 346
Regulations 346 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
Indian Oil and Gas Act — I-7 1
Short title 1 This Act may be cited as the Indian Oil and Gas Act . 1974-75-76, c. 15, s. 1