National Council for Reconciliation Act

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Sections88

• 1Short title

  This Act may be cited as the National Council for Reconciliation Act.

• 2Definitions
• 2(1)

  The following definitions apply in this Act.

• 2(1)[p3]

  Council means the corporation incorporated as a result of the sending of the articles of incorporation and other documents referred to in section 3. (Conseil)

• 2(1)[p4]

  governments means the Government of Canada, provincial and local governments and Indigenous governing bodies. (gouvernements)

• 2(1)[p5]

  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(1)[p6]

  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(1)[p7]

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

• 2(1)[p8]

  transitional committee means the National Council for Reconciliation Transitional Committee established by the Minister under section 19 of the Department of Crown-Indigenous Relations and Northern Affairs Act. (comité de transition)

• 2(2)Act prevails

  In the event of any inconsistency between this Act and the Canada Not-for-profit Corporations Act, or anything issued, made or established under that Act, this Act prevails to the extent of the inconsistency.

• 3Sending of articles of incorporation

  One of the members of the transitional committee authorized to do so by the committee must send to the Director, as defined in subsection 2(1) of the Canada Not-for-profit Corporations Act, articles of incorporation and the other documents that are required under that Act to effect the incorporation of the Council.

• 4Not agent of His Majesty

  The Council is not an agent of His Majesty in right of Canada nor is it, for greater certainty, an entity governed by the Financial Administration Act.

• 5Qualified donee

  The Council is deemed to be a qualified donee within the meaning of the Income Tax Act.

• 6Purpose

  The purpose of the Council is to advance reconciliation between Indigenous peoples and non-Indigenous peoples.

• 7Functions

  In carrying out its purpose, the Council is to

• 7(a)

  monitor, evaluate and report annually on the Government of Canada’s post-apology progress towards reconciliation, to ensure that government accountability for reconciling the relationship between Indigenous peoples and the Crown is maintained in the coming years;

• 7(b)

  monitor, evaluate and report on the progress being made towards reconciliation across all levels of government and sectors of Canadian society, including the progress being made towards the implementation of the Truth and Reconciliation Commission of Canada’s Calls to Action;

• 7(b.1)

  ensure that reconciliation is consistent with the protection and promotion of the rights of Indigenous peoples, including by advancing a rights-based approach to self-determination;

• 7(c)

  develop and implement a multi-year National Action Plan for Reconciliation that includes

• 7(c)(i)

  research on practices that advance reconciliation in all sectors of Canadian society, by all governments in Canada and at the international level,

• 7(c)(ii)

  policy development, and

• 7(c)(iii)

  public education programs;

• 7(d)

  monitor policies and programs of the Government of Canada, and federal laws, that affect Indigenous peoples;

• 7(e)

  recommend measures to promote, prioritize and coordinate reconciliation in all sectors of Canadian society and by all governments in Canada;

• 7(f)

  educate the public about Indigenous peoples’ realities and histories and advocate for reconciliation in all sectors of Canadian society and by all governments in Canada;

• 7(g)

  stimulate and promote innovative dialogue, partnerships between public and private sector bodies and public initiatives aimed at reconciliation;

• 7(h)

  monitor and report on the progress made on measurable outcomes, including in relation to the Truth and Reconciliation Commission of Canada’s Call to Action number 55; and

• 7(i)

  protect Indigenous language rights, including by ensuring that, to promote and support the participation of Indigenous persons in the work of the Council, translation and interpretation services are made available to them.

• 7.1For greater certainty

  For greater certainty,

• 7.1(a)

  nothing in this Act is to be construed as authorizing the Council to act on behalf of, or represent the interests of, an Indigenous governing body; and

• 7.1(b)

  no duty to consult an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 is discharged by consulting or engaging with the Council.

• 7.2Bilateral mechanisms

  For greater certainty, if the Government of Canada establishes or has established a bilateral mechanism with an Indigenous governing body, that bilateral mechanism is not affected by this Act.

• 8First board of directors

  The persons whose names are set out in the notice of directors sent under section 3 are to be jointly selected by the Minister and the transitional committee, taking into account sections 9, 11, 12 and 13 and the nominations referred to in subsection 10(1).

• 9Composition

  The Council’s board of directors is to be composed of a minimum of nine and a maximum of 13 directors.

• 10Nominations
• 10(1)

  The board of directors is to include

• 10(1)(a)

  one director who may only be elected after having been nominated by the Assembly of First Nations;

• 10(1)(b)

  one director who may only be elected after having been nominated by Inuit Tapiriit Kanatami;

• 10(1)(c)

  one director who may only be elected after having been nominated by the Métis National Council; and

• 10(1)(d)

  one director who may only be elected after having been nominated by the Native Women’s Association of Canada.

• 10(2)Vacancy — nominated directors

  If there is a vacancy among the directors referred to in paragraphs (1)(a) to (d), the remaining directors may exercise all the powers of the directors if the number of directors on the Council’s board of directors constitutes a quorum.

• 10(3)Application process

  The other directors are to be elected following an application process established by the board of directors.

• 11Indigenous persons
• 11(1)

  At least two thirds of the directors must be Indigenous persons.

• 11(2)Residents of territories

  At least two of the directors must be residents of Yukon, the Northwest Territories or Nunavut.

• 12Representativeness
• 12(1)

  The Council’s board of directors must, to the extent possible, include representation from

• 12(1)(a)

  First Nations, Inuit and the Métis;

• 12(1)(a.1)

  Indigenous elders;

• 12(1)(a.2)

  Indigenous survivors of the discriminatory and assimilationist policies of the Government of Canada and their descendants;

• 12(1)(b)

  other peoples in Canada;

• 12(1)(c)

  Indigenous organizations, as defined in section 2 of the Department of Indigenous Services Act, to reflect the diversity of arrangements that govern relationships between Indigenous communities and the Government of Canada;

• 12(1)(d)

  youth, women, men and gender-diverse persons;

• 12(1)(e)

  various regions of Canada, including urban, rural and remote regions;

• 12(1)(f)

  Indigenous persons whose first or second language learned is French; and

• 12(1)(g)

  survivors of Canadian residential schools or their descendants.

• 12(2)Gender diversity

  The composition of the board of directors must also, to the extent possible, ensure and equitably reflect gender diversity.

• 13Knowledge and experience
• 13(1)

  Each director must have knowledge and experience with respect to matters related to Indigenous peoples and other matters related to the Council’s purpose.

• 13(2)Consultation

  To ensure that Indigenous views are heard in relation to the advancement of reconciliation with Indigenous peoples, the Council must consult with a variety of persons with relevant knowledge, expertise or experience, including elders, survivors of the discriminatory and assimilationist policies of the Government of Canada and Indigenous law practitioners.

• 14Term of office

  Directors are to hold office for any term of not more than four years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one third of the directors. A director is eligible to serve for a maximum of two terms.

• 15Election

  Despite subsection 128(3) of the Canada Not-for-profit Corporations Act, and subject to section 8, each director is to be elected by a special resolution, as defined in subsection 2(1) of that Act, of the members of the Council.

• 16Protocol
• 16(1)

  Within six months after the day on which the Council is incorporated, the Minister must, in collaboration with the Council, develop a protocol respecting the disclosure by the Government of Canada to the Council of information that is relevant to the Council’s purpose.

• 16(2)Relevant information

  The protocol must allow, to the extent possible, the Council to receive all the information it judges relevant to fulfill its mission.

• 16(3)Declaration

  If the Minister fails to comply with the obligations set out in subsections (1) and (2), the Council may apply to a judge of the Federal Court for a declaration to that effect or for any other appropriate order.

• 16.1Report of Minister

  The Minister must, within six months after March 31 of each year, submit to the Council an annual report setting out

• 16.1(a)

  a comparison of the number of Indigenous and non-Indigenous children in care, the reasons for their apprehension and the total spending on preventive and care services by child-welfare agencies;

• 16.1(b)

  a comparison of the funding for the education of Indigenous children on and off reserves;

• 16.1(c)

  a comparison of the educational and income attainments of Indigenous and non-Indigenous persons;

• 16.1(d)

  the progress made on closing the gaps between Indigenous and non-Indigenous communities in a number of health indicators, such as infant mortality, maternal health, suicide, mental health, addictions, life expectancy, birth rates, infant and child health issues, chronic diseases, illness and injury incidence, and the availability of appropriate health services;

• 16.1(e)

  the progress made on eliminating the overrepresentation of Indigenous children in youth custody;

• 16.1(f)

  the progress made on reducing the rate of criminal victimization of Indigenous persons, including data related to homicide, family violence and other crimes; and

• 16.1(g)

  the progress made on reducing the overrepresentation of Indigenous persons in the justice and correctional systems.

• 17Report of Council
• 17(1)

  The Council must, within three months after the end of each financial year, submit to the Minister an annual report setting out

• 17(1)(a)

  the Government of Canada’s post-apology progress towards reconciliation;

• 17(1)(b)

  the progress being made towards reconciliation across all levels of government and sectors of Canadian society; and

• 17(1)(c)

  the Council’s recommendations respecting measures to promote, prioritize and coordinate reconciliation in all sectors of Canadian society and by all governments in Canada.

• 17(2)Tabling in Parliament

  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.

• 17(3)Government response

  Within 60 days after the day on which the report under subsection (2) is laid, the Prime Minister must, on behalf of the Government of Canada, respond to the matters addressed by the report that are under the jurisdiction of Parliament by publishing an annual report on the state of Indigenous peoples that outlines the Government of Canada’s plans for advancing reconciliation.

• 18Contents
• 18(1)

  Within six months after the end of each financial year, the Council must make public

• 18(1)(a)

  the documents and information that are required to be placed before the members of the Council under section 172 of the Canada Not-for-profit Corporations Act; and

• 18(1)(b)

  a detailed statement of the Council’s investment activities during that year, its investment portfolio as at the end of that year and its management of funds that it has received during the year.

• 18(2)Audit engagement

  The comparative financial statements referred to in paragraph 172(1)(a) of the Canada Not-for-profit Corporations Act must be subject to an audit engagement.

• 19Distribution of property

  In the case of dissolution of the Council under Part 14 of the Canada Not-for-profit Corporations Act, any property remaining on liquidation after the discharge of any liabilities of the Council, other than property referred to in section 234 of that Act, is to be distributed to one or more qualified donees, within the meaning of the Income Tax Act, specified by the Minister, that have a similar purpose to the Council.

• *20Order in council

  This Act comes into force on a day to be fixed by order of the Governor in Council. [Note: Act in force July 2, 2024, see SI/2024-31.]