Details
- Full Title
- An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement
- First Reading
- June 4, 2012, Parliament 41, Session 1
- Type
- Private Member’s Bill
- Full Content
- https://www.parl.ca/legisinfo/en/bill/41-1/c-428
Summary
Bill C-428, also known as the Indian Act Amendment and Replacement Act, aims to modify and eventually replace the existing Indian Act. The bill addresses two main areas: making changes to the existing Indian Act and setting the stage for its replacement with new legislation.
Regarding changes to the Indian Act, it requires band councils to publish their by-laws, such as on an Internet site, in the First Nations Gazette, or in a newspaper with general circulation on the reserve. The bill also repeals several outdated or obsolete sections of the Indian Act, specifically concerning land management, band governance, and school attendance. Additionally, it clarifies that fines imposed under band by-laws belong to the band.
Regarding the replacement of the Indian Act, the bill mandates the Minister of Indian Affairs and Northern Development to report annually to the House of Commons committee responsible for Aboriginal affairs. This report must detail the work undertaken by the department, in collaboration with First Nations and other interested parties, to develop new legislation that will replace the Indian Act. The bill acknowledges the Indian Act as an outdated colonial statute and expresses the government's commitment to developing new legislation that better reflects the relationship between the government and First Nations.
Issues
Social Justice
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Reconciliation
This bill directly addresses Indigenous reconciliation by amending the Indian Act and setting the stage for its replacement. The bill acknowledges the Indian Act as an outdated colonial statute and commits the government to developing new legislation in collaboration with First Nations. The changes include requiring band councils to publish by-laws and repealing outdated provisions. The Minister of Indian Affairs and Northern Development must report annually on the progress of developing new legislation to replace the Indian Act.
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Racism
This bill aims to address systemic discrimination by amending and paving the way for the replacement of the Indian Act, acknowledged as a colonial statute that has resulted in differential treatment of First Nations people. By mandating transparency in band governance through publication of by-laws and committing to collaborative development of new legislation, the bill seeks to address historical inequalities.