Annex B: Legislation and legislative amendments advanced during the reporting period

Review of current and new AAFC Acts and Regulations

UN Declaration alignment (relevant articles): 18, 19, 38

Description: AAFC has developed an internal process, including an environmental scan, to review its current Acts and regulations to ensure that they align with the Declaration. This review will feed into a larger gap analysis of AAFC’s policies, programs and services, which is expected to lead to the drafting of an AAFC action plan to address identified inconsistencies.

Indigenous consultation and cooperation: AAFC has not consulted Indigenous peoples on the review of its laws and regulations yet. However, AAFC plans to work in consultation and cooperation with representatives from First Nations, Inuit and Métis while conducting the review of the Department’s Acts and regulations. Furthermore, when working to develop the whole-of-government Action Plan, First Nation, Inuit and Métis were consulted on which laws should be prioritized and addressed.

An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations

UN Declaration alignment (relevant articles): Nil – inadmissibility due to sanctions issued under the Special Economic Measures Act

Description: An Act to amend the Immigration and Refugee Protection Act, to make consequential amendments to other Acts and to amend the Immigration and Refugee Protection Regulations. Public Safety/CBSA are the Government leads for this Act while some amendments fall under the Minister of Immigration, Refugees and Citizenship’s responsibility.

Bill C-18 - An Act respecting online communications platforms that make news content available to persons in Canada

UN Declaration alignment (relevant articles): 13, 16

Description: An Act respecting online communications platforms that make news content available to persons in Canada

Indigenous consultation and cooperation: In January 2022, Canadian Heritage contracted Archipel Research and Consulting Inc. to conduct two roundtables where 10 Indigenous publishers/organisations participated. Technical briefings and updates about the bill were provided at meetings with National Indigenous Organizations.
Canadian Heritage also consulted Dadan Sivunivut, an Indigenous media holding company, on amendments to C-18, which were adopted by the House of Commons.

Prohibition on the Purchase of Residential Property by Non-Canadians Regulations

UN Declaration alignment (relevant articles): 19

Indigenous consultation and cooperation: The consultation process for the Prohibition on the Purchase of Residential Property by Non-Canadians Regulations included direct outreach to Indigenous governments and organizations. As part of the formal consultation period in August-September 2022, National Indigenous Organizations (NIOs) and National Indigenous Women’s Organizations were sent direct outreach emails that invited submissions responding to the consultation paper and to raise any questions. A meeting was held with Tsawwassen First Nation to discuss their feedback on the proposed Regulations on November 23, 2022. NIOs, National Indigenous Women’s Organizations, Modern Treaty Holders and Self-Governing Nations also received a mail out about the amendments to the Regulations on March 27th, 2023.

Bill C-29 - An Act to provide for the establishment of a national council for reconciliation

UN Declaration alignment (relevant articles): 8, 10, 18, 19

Indigenous consultation and cooperation: An Interim Board comprised of Indigenous advocates, including a former Truth and Reconciliation (TRC) commissioner, was struck in 2018 to undertake initial consultations. A consultation draft of the bill was then developed. A Transitional Committee was then struck, and did further consultations.

An Act to give effect to the Anishinabek Nation Governance Agreement, to amend the Sechelt Indian Band Self-Government Act and the Yukon First Nations Self-Government Act and to make related and consequential amendments

UN Declaration alignment (relevant articles): 4, 18

Description: The Anishinabek Nation Governance Agreement is the first self-governance agreement of its kind in Ontario. It marks an important step for the signatory Anishinabek First Nations, as the parts of the Indian Act concerning governance will no longer apply.

Indigenous consultation and cooperation: CIRNAC worked on amendments on the Sechelt Indian Band Self-Government Act with shíshálh, including the use of their indigenous language, she shashishalhem, in parts of the act. The Self-Governing Yukon First Nations were consulted in relation to the amendments to the Yukon First Nations Self-Government Act.

Fall Economic Statement Implementation Act, 2022, Division 3, Part 4

UN Declaration alignment (relevant articles): 26, 32, 34

Description: Part 4 Division 3 of Bill C-32 received Royal Assent and came into force on December 15, 2022. This bill was an omnibus bill that contained the repeal of the First Nation Land Management Act and replaced it with the Framework Agreement on First Nation Land Management Act.

Indigenous consultation and cooperation: This legislation was co-developed with the Lands Advisory Board from 2020-2022 to ensure alignment on key policy objectives and resulted in a consultation draft of the proposed replacement legislation that was shared with the LAB and signatory First Nations to the Framework Agreement for feedback. In 2022, during a special meeting of First Nation signatories to the Framework Agreement, a resolution on the bill was presented and received unanimous support from First Nations.

An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act

UN Declaration alignment (relevant articles): 3, 4, 5, 18, 20.1, 21.1, 23, 19

Description: An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act. The proposed First Nations Infrastructure Institute (FNII) is a new institution that would be established under the First Nations Fiscal Management Act (FNFMA), as part of amendments included in Bill C-45, An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act introduced with first reading on March 23, 2023. Royal Assent June 20, 2023.

Indigenous consultation and cooperation: Activities in three distinct phases of engagement and consultation were carried out: several years of close work with the Indigenous-led institutions established under the Act, First Nations, and other Indigenous organizations; consultation on the draft legislation with First Nations scheduled to the Act (presentation at the First Nations Leading the Way Conference, summary of proposed amendments posted online for feedback); and online engagement sessions with the previously mentioned parties as well as Self-Governing and Modern Treaty First Nations. CIRNAC also reached out to the National Indigenous Organizations (AFN, MNC and ITK) and the Manitoba Métis Federation to offer briefings.

Framework Agreement on First Nation Land Management Act

UN Declaration alignment (relevant articles): 26, 29, 32

Description: On December 15, 2022, the Framework Agreement on First Nation Land Management Act received Royal Assent through the passage of the Fall Economic Statement Implementation Act, 2022. This more concise legislation repeals and replaces the First Nations Land Management Act and provides the Framework Agreement with the force of law, resituating it as the central authority on First Nation Land Management and recognizing it as a First Nation-led process.

Indigenous consultation and cooperation: The Lands Advisory Board, representing 203 First Nations that are signatories to the Framework Agreement, worked with Crown-Indigenous Relations and Northern Affairs Canada to replace the First Nations Land Management Act with more concise legislation that better respects the central importance of the Framework Agreement. From April 2021 to December 2022, the Department and the Lands Advisory Board finalized the co-developed new legislation to replace the First Nations Land Management Act.

Centre for Information and Privacy Law: Nil for 2022-2023; Privacy Act modernization

UN Declaration alignment (relevant articles): 3, 4

Description: The Department of Justice is working on efforts to modernize the Privacy Act to ensure it better reflects modern expectations of privacy in Canada, including from the perspective of Indigenous partners, and supports horizontal and innovative initiatives within government.

Indigenous consultation and cooperation: In support of this initiative, Justice officials undertook an initial engagement with Indigenous governments and organizations in 2020-2021, followed by the publication of the What We Have Learned (so far) and Next Steps. Officials are now finalizing a second Indigenous engagement, which occurred throughout 2022, with the intention to publish its What We Learned Report in spring 2023. Throughout the course of these engagements, Justice has heard from Indigenous partners that modernizing the Privacy Act could support Indigenous data sovereignty, which many suggested is a necessary condition for the advancement of the right to self-determination and self-government. Certain Indigenous partners also shared this view in their submissions to the UN Declaration Act Implementation Secretariat on proposed action plan measures (APMs) for inclusion in the UN Declaration Act Action Plan. Officials are now preparing for the next stage of Indigenous engagement to advance further policy proposals for Privacy Act modernization and that in turn could help support the implementation of Indigenous data sovereignty.

Aboriginal Law Centre: Interpretation Act (addition of a non-derogation clause)

UN Declaration alignment (relevant articles): 37

Description: A non-derogation clause (NDC) is a statement in legislation that indicates the law should be interpreted to uphold, and not diminish, the rights of First Nations, Inuit and Métis affirmed by section 35 of the Constitution Act, 1982. The addition of a NDC in the federal Interpretation Act has long been a priority for many Indigenous partners.

Indigenous consultation and cooperation: consultation and cooperation on this important initiative started in 2021. In 2022, Justice Canada officials consulted even more broadly to better understand the views of Indigenous partners. On March 1st, 2023, Justice Canada published a draft legislative proposal on the NDC initiative on the Justice Canada website, and First Nations, Inuit and Métis were invited to review the draft legislative proposal and provide feedback. Following this consultation and cooperation period, Bill S-13, An Act to amend the Interpretation Act and to make related amendments to other Acts, was introduced in the Senate on June 8, 2023. Bill S-13 would amend the Interpretation Act to include a NDC, and repeal most currently existing NDCs in other pieces of legislation.

National Defence Act

UN Declaration alignment (relevant articles): 21, 30, 32

Indigenous consultation and cooperation: DND/CAF has consistently heard that access to lands, as well as participation in decision-making regarding military activities on Indigenous lands and territories, is a key priority for many Indigenous groups, including as it relates to Section 257 of the National Defence Act. As a result, over the course of fiscal year 2022-2023, DND/CAF undertook an interim policy approach via existing land claims negotiations, with a view to addressing decision-making matters in relation to military activities on Indigenous lands and territories. DND/CAF anticipates further internal discussions and engagement with Indigenous partners on these matters.

Bill C-22 – An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act

UN Declaration alignment (relevant articles): 5, 18, 19, 20, 21, 22, 23, 24, 34

Description: The Government of Canada reintroduced framework legislation for the Canada Disability Benefit (Bill C-22) in the House of Commons on June 2, 2022. After being studied and amended by the House of Commons Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, the Bill received unanimous, all-party support in its third reading on February 2, 2023, before being referred to the Senate where it is being further debated and studied. The goal of the proposed benefit is to reduce poverty and support the financial security of working-age persons with disabilities.

Indigenous consultation and cooperation: ESDC launched a distinctions-based targeted engagement process in January 2022 and provided funding to National Indigenous Organizations to seek their advice on developing and implementing the Disability Inclusion Action Plan, including the proposed Canada Disability Benefit. To facilitate the engagement process, five amendments to Engagement Protocol Agreements were made with the Assembly of First Nations, Inuit Tapiriit Kanatami, Congress of Aboriginal Peoples, Les Femmes Michif Otipemisiwak, and the Native Women’s Association of Canada. To respect the government-to-government relationships embedded in Modern Treaties and Self-Government agreements, in fall 2022, ESDC sent letters to holders of Modern Treaties and Self-Government agreements to request their input into the design and delivery of the proposed Canada Disability Benefit.

Bill C-35 – An Act respecting early learning and child care in Canada

Description: Introduced in Parliament on December 8, 2022, Bill C-35 includes references to the United Nations Declaration on the Rights of Indigenous Peoples in both its preamble and purpose clauses. Following its Second reading (February 1, 2023), the Bill was referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, where it remained as of March 31, 2023.

Indigenous consultation and cooperation: Bill C-35 would enshrine in law that federal actions and decisions on early learning and child care for Indigenous families must be guided by the principles in the Indigenous Early Learning and Child Care Framework, which were co-developed in collaboration with Indigenous peoples and endorsed by the Assembly of First Nations, Inuit Tapiriit Kanatami, and the Métis National Council. The Government of Canada sought feedback from Indigenous partners before the Bill was tabled in Parliament.

Approximately 50 Indigenous governments and organizations were included in the pre-tabling engagement, including First Nations, Inuit and Métis National and Regional Partnership Tables, Self‑Governing Nations, Modern Treaty Holders, and other national and regional Indigenous organizations. The Department also delivered presentations and held meetings with Indigenous partnership tables and Indigenous organizations who requested them. A What We Heard engagement report was published in November 2022.

The Immigration and Refugee Protection Act (IRPA) – possible amendments

UN Declaration alignment (relevant articles): 36

Description: Immigration, Refugees, and Citizenship Canada (IRCC) is working closely with Canada Border Services Agency (CBSA), Crown Indigenous Relations and Northern Affairs Canada (CIRNAC) and other federal departments, and in consultation and cooperation with interested Indigenous partners, in order to develop options to amend legislation concerning the right of entry to Canada. The initiative also includes exploring options to revise policies to address complex border crossing issues, and migration challenges faced by Indigenous peoples divided by Canada's international borders, including options to amend Canada’s right of entry provision, and work and study permit requirements.

This initiative supports the Government’s 2018 commitment to a longer-term process with concerned First Nations, Inuit and Métis to discuss potential solutions to a number of more complex border-crossing issues.

The recent Indigenous border mobility statements by the Prime Minister and the President of the United States in March 2023 reinforces this commitment to advance this initiative.

Indigenous consultation and cooperation: CBSA and IRCC have been in contact and held introductory virtual meetings with the majority of the First Nations, Métis and Inuit organizations who made a submission concerning border crossing and mobility related to article 36 of the UNDA in order to seek input on the proposed UNDA action plan measure. In addition, CBSA, IRCC and other departments continue to meet with interested First Nations, Inuit, and Metis governments and organizations that have come forward prior to developing options to expand the right of entry provisions found in the Immigration and Refugee Protection Act (IRPA). Distinctions-based consultations on IRPA will continue through 2023 with a view to advancing options in 2024.

C-38 – An Act to amend the Indian Act (new registration entitlements)

UN Declaration alignment (relevant articles): 3, 4, 20, 21, 22, 23, 24, 37

Description: An Act to amend the Indian Act (new registration entitlements)

Indigenous consultation and cooperation: Bill C-38 Engagement: From August to December 2022, Indigenous Services Canada hosted engagement sessions for impacted and interested parties to offer input and stay informed on the legislative amendment process, which ultimately culminated in Bill C-38 introduced on December 14, 2022.

The Department continues to hold information sessions about the Bill. The Department continues to work with the First Nations and partners to address broader issues in registration while CIRNAC works on issues relating to First Nation citizenship. The Department is also working in close collaboration with the Native Women’s Association of Canada. This builds upon NWAC’s recommendations that were made in the Bill S-3 Indian Act final report.

Indigenous health legislation

UN Declaration alignment (relevant articles): 21, 24

Description: In 2021, the government committed to “fully implement Joyce’s Principle and ensure it guides work to co-develop distinctions-based Indigenous health legislation to foster health systems that will respect and ensure the safety and well-being of Indigenous Peoples.” Since 2021, ISC has been working to co-develop distinctions-based Indigenous health legislation to improve access to high-quality, culturally-relevant, and safe health services with First Nations, Inuit, Métis, and intersectional partners.

Indigenous consultation and cooperation: Over the last fiscal year, Indigenous Services Canada has worked and continues to work with Indigenous partners to co-develop distinctions-based health legislation to improve access to culturally-relevant, safe health care services for Indigenous Peoples in Canada. From winter 2021 to fall 2022, regional and national First Nations, Inuit, Métis, and Intersectional groups led numerous engagements within their communities on the vision for distinctions-based Indigenous health legislation. On January 13, 2023, a national summary report, What we heard: Visions for Distinctions-based Indigenous Health Legislation, became publicly available. Indigenous partners who have provided input so far share some similar ideas about the potential health legislation. While some engagement reports highlighted that some First Nations do not support the proposed legislation or would prefer a Treaty-based process, overall the input received reflects hope and optimism that legislation will support Indigenous-led approaches, take steps toward upholding Indigenous sovereignty, and improve health equity. The work has now moved from the engagement phase to co-development with interested parties. ISC has launched Inuit, Métis, and First Nations co-development processes, which are focused on working in partnership through various distinctions-based tables to translate what was heard through engagement into proposed legislative options and support Indigenous-led approaches to improve health equity. The development of an intersectional co-development table on health legislation that is inclusive of urban Indigenous, non-status, 2SLGBTQQIA+, and other intersectional voices is also underway.

Legislative proposal for drinking water and wastewater

UN Declaration alignment (relevant articles): 3, 4, 5, 10, 18-21, 24-29, 31, 37-42, 46

Description: Indigenous Services Canada (ISC) is currently co-developing new drinking water and wastewater legislation (that includes pathways to protect source water and legally enforceable safe drinking water protections comparable to those in place in provinces and territories) with First Nations rights-holders, including Modern Treaty and Self Governing Nations, as well as with First Nations organizations, including the Assembly of First Nations, and provinces and territories.

Indigenous consultation and cooperation: Throughout 2022, ISC engaged directly with First Nations rights-holders, including Modern Treaty and Self Governing Nations, as well as with First Nations organizations, including the Assembly of First Nations, and provinces and territories to advance development of a legislative proposal for drinking water and wastewater.

Bill C-23 - An Act respecting places, persons and events of national historic significance or national interest, archaeological resources and cultural and natural heritage

Description: Parks Canada is prepared to, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that Bill C-23, if adopted by Parliament as drafted, is consistent with the Declaration. As drafted, Bill C-23 would advance reconciliation by including representatives for First Nations, Inuit and Métis on the Historic Sites and Monuments Board of Canada. This initiative responds directly to Call to Action 79(i) of the Truth and Reconciliation Commission of Canada.

Indigenous consultation and cooperation: Parks Canada invited 160 Indigenous and modern treaty organizations to provide advice on advancing legislation to protect and conserve federally-owned historic places, and on the Agency’s internal cultural heritage policies. Parks Canada had the privilege of engaging with 40 Indigenous and modern treaty organizations on cultural heritage legislation and policy between winter 2021 and winter 2022, and received advice from community members, elected and traditional leaders, and Elders. Parks Canada has prepared a What We Heard report on the engagement that has been shared with participating communities and other partners. Following Bill C-23’s introduction in Parliament on June 7, 2022, Parks Canada offered technical briefings on Bill C-23 to Indigenous representative organizations. To date, the Agency has provided briefings to the Assembly of First Nations, the Métis National Council, and the Native Women’s Association of Canada, as well as the National Centre for Truth and Reconciliation.

C-21 - An Act to amend certain Acts and to make certain consequential amendments (firearms)

UN Declaration alignment (relevant articles): 1, 2, 5, 7, 11, 19, 20, 21, 22, 23, 37, 38

Description: In the development of Bill C-21, analysis was carried out to outline the potential intersections between the proposed legislative initiative and the rights and principles contained in the United Nations Declaration on the Rights of Indigenous Peoples, as well as to identify accommodations to mitigate any potential impacts on Aboriginal and/or treaty rights.

Indigenous consultation and cooperation: In the process leading up to the development of Bill C-21 including the previous Bill C-21, the Government of Canada engaged with a number of Indigenous groups on certain gun control measures. Since the tabling of Bill C-21, the Government of Canada has initiated dialogue with Indigenous groups to identify impacts of firearms legislation and programming.

Bill C-33 – An Act to amend the Customs Act, the Railway Safety Act, the Transportation of Dangerous Goods Act, 1992, the Marine Transportation Security Act, the Canada Transportation Act and the Canada Marine Act and to make a consequential amendment to another Act

UN Declaration alignment (relevant articles): 18, 20, 21, 27, 29, 32

Description: This enactment amends several Acts in order to strengthen the port system and railway safety in Canada.

Indigenous consultation and cooperation: While work on these proposed legislative changes began prior to the United Nations Declaration on the Rights of Indigenous Peoples Act coming into force, UNDA assessments were completed for legislation administered by TC, including the Railway Safety Act, Transportation of Dangerous Goods Act, 1992, Canada Transportation Act and Canada Marine Act. Transport Canada held a series of initial calls in November 2022 to provide National Indigenous Organizations with an overview of proposed legislative amendments to be tabled under Bill C-33. Transport Canada has committed to engaging with potentially impacted Indigenous communities and organizations on the implementation of these proposed amendments.

Budget Implementation Act, 2022, No. 1., containing Transport Canada Measures (Part 4 Divisions 21, 22, 23)

Aamendments to:

• Marine Liability Act
• Canada Shipping Act, 2001
• Canada Transportation Act
• Wrecked, Abandoned, and Hazardous Vessels Act
• Oil Tanker Moratorium Act

UN Declaration alignment (relevant articles): 3, 4, 5, 18, 26, 27, 29, 32

Description: This enactment amends several Acts, including the Canada Shipping Act to deliver on commitments related to the Oceans Protection Plan; the Marine Liability Act to clarify the liability and compensation regime for ship-source accidents; the Canada Transportation Act to strengthen air passenger rights, including changing the process by which air passenger complaints are resolved; and the Wrecked, Abandoned or Hazardous Vessels Act to establish and fund an owner-financed Vessel Remediation Fund.

Indigenous consultation and cooperation: Transport Canada sent mail to over 300 Indigenous and non-Indigenous communities regarding the amendments to the Marine Liability Act. A Let’s Talk Transportation portal was also launched to reach a wider audience. A total of 50 meetings were held and 14 written submissions were received from Indigenous and non-Indigenous communities. Engagement on Canada Shipping Act amendments included an online discussion paper with the ability to submit comments online. In addition, over 400 representatives of Indigenous groups, organizations, and communities were invited to a series of regional sessions. Over 45 individuals representing 26 Indigenous groups across all coastal regions participated in engagement sessions. Separate meetings with Reconciliation Framework Agreement Nations, AFN, and MNC were also held. Transport Canada has committed to engaging with potentially impacted Indigenous communities and organizations on the implementation of these proposed amendments.