C-428
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-428
An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement
first reading, June 4, 2012
Mr. Clarke
411608
SUMMARY
This enactment amends the Indian Act to require band councils to publish their by-laws and repeals certain outdated provisions of the Act. 
It also requires the Minister of Indian and Northern Affairs to report annually to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations organizations and other interested parties to develop new legislation to replace the Indian Act.
Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-428
An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement
Preamble
Whereas the Indian Act is an outdated colonial statute, the application of which results in the people of Canada’s First Nations being subjected to differential treatment;
Whereas the Indian Act does not provide an adequate legislative framework for the development of self-sufficient and prosperous First Nations’ communities;
Whereas the Government of Canada is committed to the development of new legislation to replace the Indian Act that better reflects the modern relationship between it and the people of Canada’s First Nations;
And whereas the Government of Canada is committed to continuing its work in exploring creative options for the development of this new legislation in collaboration with the First Nations organizations that have demonstrated an interest in this work; 
Now, therefore, Her 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 Indian Act Amendment and Replacement Act.
REPORT
Report by Minister
2. Before January 31st in each year, the Minister of Indian and Northern Affairs must report to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations organizations and other interested parties to develop new legislation to replace the Indian Act.
R.S., c. I-5
INDIAN ACT
3. Paragraph (b) of the definition “reserve” in subsection 2(1) of the Indian Act is replaced by the following:
(b) except in subsection 18(2), sections 20 to 25, 28, 37, 38, 48 to 51, 58 to 60 and the regulations made under any of those provisions, includes designated lands;
4. Subsection 4(3) of the Act is replaced by the following:
Certain sections inapplicable to Indians living off reserves
(3) Sections 114 to 117 and, unless the Minister otherwise orders, sections 48 to 52 do not apply to or in respect of any Indian who does not ordinarily reside on a reserve or on lands belonging to Her Majesty in right of Canada or a province.
5. The heading before section 32 and sections 32 and 33 of the Act are repealed.
6. Section 36 of the Act is replaced by the following:
Special reserves
36.1 Where lands the legal title to which is not vested in Her Majesty had been set apart for the use and benefit of a band before the coming into force of this section, the effect of section 36 of this Act, as it read immediately before the coming into force of this section, continues in respect of those lands and this Act applies as though the lands were a reserve within the meaning of this Act.
7. The heading before section 42 and sections 42 to 47 of the Act are repealed.
8. Section 82 of the Act is repealed.
9. Section 85.1 of the Act is repealed.
10. Section 86 of the Act is replaced by the following:
Publication of by-laws
86.1 (1) The council of a band shall publish a copy of every by-law made by the council under this Act on the Internet site of the band, in the First Nations Gazette and in a newspaper that has general circulation on the reserve of the band.
Copies of by-laws
(2) The council of a band shall, on request by a member of the band, provide a copy of any by-law made by the council to the member.
For greater certainty
(3) For greater certainty, publishing a by-law on an Internet site in accordance with subsection (1) does not discharge the council of a band from its obligation under subsection (2) to provide copies of the by-law to members of the band.
Coming into force
(4) A by-law made by the council of a band under this Act comes into force on the day on which it is first published on the Internet site of the band, in the First Nations Gazette or in a newspaper that has general circulation on the reserve of the band.
11. Section 92 of the Act is repealed.
12. Subsection 103(1) of the Act is replaced by the following:
Seizure of goods
103. (1) Whenever a peace officer, a superintendent or a person authorized by the Minister believes on reasonable grounds that a by-law made under sebsection 81(1) was contravened or an offence against section 90 or 93 has been committed, he may seize all goods and chattels by means of or in relation to which he believes on reasonable grounds the by-law was contravened or the offence was committed.
13. Section 104 of the Act is amended by adding the following after subsection (2):
Disposition of fines under by-laws
(3) Every fine imposed under a by-law made by the council of a band under this Act belongs to Her Majesty for the benefit of that band.
14. Section 105 of the Act is repealed.
15. Subsection 114(1) of the Act is amended by adding “and” at the end of paragraph (c.1), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).
16. Section 115 of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraphs (c) and (d).
17. Subsection 116(2) of the Act is amended by adding “and” at the end of paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).
18. Sections 117 to 121 of the Act are replaced by the following:
When attendance not required
117. An Indian child is not required to attend school if the child
(a) is, by reason of sickness or other unavoidable cause that is reported promptly to the principal, unable to attend school; or
(b) is under efficient instruction at home or elsewhere.
19. (1) The portion of section 122 of the Act before the definition “child” is replaced by the following:
Definitions
122. The following definitions apply in sections 114 to 117.
(2) The definition “truant officer” in section 122 of the Act is repealed.
(3) The definition “school” in section 122 of the Act is replaced by the following:
“school”« école »
“school” includes a day school, technical school and high school.
Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada