Department of Crown-Indigenous Relations and Northern Affairs Act

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Sections78

• 1Short title

  This Act may be cited as the Department of Crown-Indigenous Relations and Northern Affairs Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Department means the department established under section 3. (ministère)

• 2[p3]

  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)

• 2[p4]

  Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone)

• 2[p5]

  Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)

• 2[p6]

  Minister means the Minister of Crown-Indigenous Relations. (ministre)

• 3Department established

  There is established a department of the Government of Canada, called the Department of Crown-Indigenous Relations and Northern Affairs, over which the Minister presides.

• 4Minister

  The Minister, appointed by commission under the Great Seal, holds office during pleasure and has the management and direction of the Department.

• 5Deputy Minister
• 5(1)

  The Governor in Council may appoint a Deputy Minister of Crown-Indigenous Relations to hold office during pleasure and to be the deputy head of the Department.

• 5(2)Associate Deputy Minister

  The Governor in Council may appoint an Associate Deputy Minister of Crown-Indigenous Relations to hold office during pleasure and, under the Deputy Minister of Crown-Indigenous Relations, to exercise the powers and perform the duties and functions — as a deputy of the Minister or otherwise — that the Minister may specify.

• 6Powers, duties and functions

  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 relations with Indigenous peoples.

• 7Responsibilities

  The Minister is responsible for

• 7(a)

  exercising leadership within the Government of Canada in relation to the affirmation and implementation of the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the implementation of treaties and other agreements with Indigenous peoples;

• 7(b)

  negotiating treaties and other agreements to advance the self-determination of Indigenous peoples; and

• 7(c)

  advancing reconciliation with Indigenous peoples, in collaboration with Indigenous peoples and through renewed nation-to-nation, government-to-government and Inuit-Crown relationships.

• 8Provision of services between departments

  The Department may provide services to and receive services from the Department of Indigenous Services — including services to support policy and program implementation — as provided in a written agreement between the Minister or the Minister of Northern Affairs, as the case may be, and the Minister of Indigenous Services.

• 9Delegation

  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 Indigenous Services, for any period and under any terms that the Minister considers suitable.

• 10Annual report to Parliament

  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 the measures taken to advance the self-determination of Indigenous peoples and reconciliation with Indigenous peoples.

• 11Appointment
• 11(1)

  A Minister of Northern Affairs may be appointed by commission under the Great Seal to hold office during pleasure.

• 11(2)If no Minister of Northern Affairs appointed

  If no Minister of Northern Affairs is appointed under subsection (1),

• 11(2)(a)

  the Minister is to exercise the powers and perform the duties and functions of the Minister of Northern Affairs; and

• 11(2)(b)

  every reference to the Minister of Northern Affairs in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament is to be read as a reference to the Minister, unless the context otherwise requires.

• 12Deputy Minister of Northern Affairs
• 12(1)

  The Governor in Council may designate the Associate Deputy Minister appointed under subsection 5(2) to be Deputy Minister of Northern Affairs and, under the Minister of Northern Affairs, to exercise the powers and perform the duties and functions — as a deputy of the Minister of Northern Affairs or otherwise — that the Minister of Northern Affairs may specify.

• 12(2)If no Deputy Minister of Northern Affairs designated

  If no Deputy Minister of Northern Affairs is designated under subsection (1),

• 12(2)(a)

  the Deputy Minister of Crown-Indigenous Relations is to exercise the powers and perform the duties and functions of the Deputy Minister of Northern Affairs; and

• 12(2)(b)

  every reference to the Deputy Minister of Northern Affairs in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament is to be read as a reference to the Deputy Minister of Crown-Indigenous Relations, unless the context otherwise requires.

• 13Powers, duties and functions

  The powers, duties and functions of the Minister of Northern Affairs 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

• 13(a)

  to Yukon, to the Northwest Territories or to Nunavut and its resources and affairs; and

• 13(b)

  to policies, directives and programs with respect to the Canadian North.

• 14Coordination, policies and scientific research

  The Minister of Northern Affairs is to

• 14(a)

  coordinate the activities of the departments, boards and agencies of the Government of Canada in the territories;

• 14(b)

  develop and implement policies and programs to promote the social, economic and political development of the territories; and

• 14(c)

  foster, through scientific research and technology, knowledge of the Canadian North and the taking of various measures to support its development.

• 15Administration of lands — Nunavut
• 15(1)

  The Minister of Northern Affairs has the administration of lands situated in Nunavut belonging to Her Majesty in right of Canada except those lands that are under

• 15(1)(a)

  the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

• 15(1)(b)

  the administration and control of the Commissioner of Nunavut under the Nunavut Act.

• 15(2)Yukon and Northwest Territories

  The Minister of Northern Affairs has the administration of public real property as defined in section 2 of the Yukon Act — and public lands as defined in section 2 of the Northwest Territories Act — except that public real property or those public lands, as the case may be, that are under

• 15(2)(a)

  the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act; or

• 15(2)(b)

  the administration and control of the Commissioner of Yukon or the Commissioner of the Northwest Territories, as the case may be, under the applicable Act.

• 16Use of departmental services and facilities

  The Minister of Northern Affairs is to make use of the services and facilities of the Department.

• 17Transfer of responsibility

  The Minister of Northern Affairs may enter into an agreement with the government of a territory with respect to the transfer of responsibilities to the territory.

• 18Delegation

  The Minister of Northern Affairs 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 any officer of the Department or the Minister of Indigenous Services, for any period and under any terms that the Minister of Northern Affairs considers suitable.

• 19Special representatives
• 19(1)

  The Minister or the Minister of Northern Affairs, as the case may be, 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.

• 19(2)Committees

  The Minister or the Minister of Northern Affairs, as the case may be, may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1).

• 19(3)Remuneration and expenses

  The Minister or the Minister of Northern Affairs, as the case may be, is to fix the remuneration and expenses to be paid to special representatives and to committee members.

• 20Collection and use of information
• 20(1)

  The Minister or the Minister of Northern Affairs, as the case may be, 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.

• 20(2)Disclosure of information

  The Minister or the Minister of Northern Affairs, as the case may be, 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,

• 20(2)(a)

  the Department of Indigenous Services;

• 20(2)(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;

• 20(2)(c)

  an Indigenous organization; or

• 20(2)(d)

  a not-for-profit entity controlled by Indigenous individuals.

• 20(3)Exceptions related to disclosure

  Paragraphs (2)(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information,

• 20(3)(a)

  that is personal information as defined in section 3 of the Privacy Act, unless

• 20(3)(a)(i)

  the personal information is publicly available,

• 20(3)(a)(ii)

  the individual to whom the personal information relates consents to its disclosure, or

• 20(3)(a)(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;

• 20(3)(b)

  that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;

• 20(3)(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

• 20(3)(d)

  that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.

• 341Minister of Crown-Indigenous Relations
• (1)

  Any person who holds, immediately before the day on which this section comes into force, the office of Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in section 4 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337.

• (2)Minister of Northern Affairs

  Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State to assist the Minister of Indian Affairs and Northern Development is deemed, as of that day, to be the minister referred to in subsection 11(1) of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337.

• (3)Deputy Minister

  Any person who holds, immediately before the day on which this section comes into force, the office of Deputy Minister of Indian Affairs and Northern Development is deemed to have been appointed on that day under section 5 of the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by section 337, as the Deputy Minister of Crown-Indigenous Relations.

• (4)Persons who occupy a position

  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 Indian Affairs and Northern Development, except that the person, as of that day, occupies or is assigned to their position in the Department of Crown-Indigenous Relations and Northern Affairs.

• 342Transfer of appropriations

  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 Indian Affairs and Northern Development and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated for defraying the expenditures of the public service of Canada within the Department of Crown-Indigenous Relations and Northern Affairs.

• 343Validation of acts and decisions — Crown-Indigenous Relations

  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 Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be.

• 344Validation of acts and decisions — Northern Affairs

  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 to assist the Minister of Indian Affairs and Northern Development during the period beginning on November 30, 2017 and ending on the day on which section 337 comes into force is deemed, to the extent that it would have been valid under the Department of Crown-Indigenous Relations and Northern Affairs Act, as enacted by that section 337, or any other Act of Parliament, to have been validly taken or made under the Department of Crown-Indigenous Relations and Northern Affairs Act or that other Act of Parliament, as the case may be.

• 345References — certain agreements
• (1) #75

  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.

• (2) #76References — other documents

  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.

• 346Regulations

  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.