Bill S-212 explained in plain English
An Act providing for the recognition of self-governing First Nations of Canada
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
This bill provides a framework for First Nations to gain recognition as self-governing entities by developing and approving self-government proposals, thereby acquiring legislative powers over their own affairs.
This bill, titled the First Nations Self-Government Recognition Act, proposes to establish a process by which First Nations can be formally recognized as self-governing entities. It outlines how a First Nation can develop a proposal for self-government, which would need to be approved by its members. The bill details the contents of such a proposal, including the First Nation's constitution, governance structure, and financial accountability measures. It also establishes a process for a 'Verifier' to review and confirm the proposal's compliance with the Act. Upon successful approval and certification, the First Nation would become a 'recognized First Nation,' gaining exclusive powers to legislate in certain areas and the power to legislate in others concerning its citizens and lands. The bill also addresses transitional provisions, land management, fiscal relations, organizational options like division or amalgamation of First Nations, and makes consequential amendments to existing federal laws.
- Establishes a process for First Nations to achieve recognized self-governing status.
- Defines the requirements for a self-government proposal, including its content and the process for member approval.
- Creates the role of a 'Verifier' to review and certify self-government proposals.
- Outlines the legislative powers that recognized First Nations would possess, including exclusive powers in certain areas and the power to legislate on matters concerning their citizens and lands.
- Details provisions for the administration and management of First Nation lands.
- Sets out a framework for fiscal relations between recognized First Nations and the federal government, including financial transfers and revenue raising powers.
- Provides options for the organizational structure of recognized First Nations, such as division or amalgamation.
- Makes consequential amendments to existing federal legislation to reflect the recognition of self-governing First Nations.
- First Nations in Canada
- Members of First Nations
- The Government of Canada (including various federal departments and ministers)
- The Governor in Council
- Citizens of recognized First Nations
- Individuals and entities interacting with recognized First Nations or their lands
- First Nations have the right to develop and pursue self-government proposals.
- Eligible voters of a First Nation have the right to approve or reject self-government proposals.
- Recognized First Nations gain the exclusive power to legislate in specified fields and the power to legislate in other fields related to their citizens and lands.
- The federal government, through the Minister, must negotiate agreements with recognized First Nations regarding the exercise of certain law-making powers.
- The federal government is obligated to provide financial transfers to recognized First Nations under certain conditions.
- The Crown has fiduciary obligations towards recognized First Nations.
- The Act comes into force one year after receiving royal assent, or on an earlier date set by the Governor in Council (Section 70).
- Recognized First Nations will have the power to raise revenues through fees, charges, royalties, permits, licences, direct taxation of their citizens, and taxation of non-citizens (to an agreed extent).
- The federal government will provide funding to recognized First Nations through self-government financial transfer agreements.
- The Act amends Section 87 of the Indian Act, impacting property tax exemptions for recognized First Nations and their citizens.
- Payments in Lieu of Taxes Act is amended to include governing bodies of recognized First Nations as 'taxing authorities'.
- Recognized First Nations can make laws creating offences punishable by summary conviction, with fines or imprisonment, not exceeding those under the Criminal Code, except for environmental laws.
- Recognized First Nations can establish administrative penalties.
- Recognized First Nations can appoint enforcement officials and establish police services or agreements for policing.
- Federal and provincial laws regarding enforcement measures, such as inspections and searches, can be adopted by recognized First Nations.
- Prosecutions for offences under First Nation laws can involve First Nation prosecutors, federal agents, or provincial prosecutors.
- The bill's effectiveness depends on First Nations developing and approving proposals for self-government.
- The extent of legislative powers a recognized First Nation can exercise is limited by its constitution and the Act itself.
- In cases of conflict between First Nation laws and federal laws, the federal law prevails for matters listed in subsection 15(6) of the bill.
- The bill does not apply to the Westbank First Nation or the Maanulth First Nations unless they choose to go through the recognition process.
- The bill indicates that the Governor in Council may make regulations, and the details of these regulations are not fully specified within the bill text itself.
Modifies the definition of 'aboriginal government' to include the governing body of a recognized First Nation.
Source: Section 63
Expands the definition of 'agency' to include the governing body of a recognized First Nation.
Source: Section 64
Changes the property tax exemption provision (Section 87) to apply to recognized First Nations, their lands, and their citizens, by referencing this Act and making specific replacements for 'band' and 'reserve' or 'reserve lands'.
Source: Section 65
Adds members of the governing body of a recognized First Nation, their staff, or employees to the list of individuals who must register as lobbyists.
Source: Section 66
Adds the governing body of a recognized First Nation to the definition of 'taxing authority' if it levies property or frontage/area taxes on First Nation lands.
Source: Section 67
Modifies provisions related to the disclosure of personal information to include agreements with recognized First Nations and adds recognized First Nations to provisions regarding information disclosure for lawful investigations.
Source: Section 68
Specifies that the Act comes into force one year after receiving royal assent, or on an earlier date set by the Governor in Council.
Source: Section 70
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textParliamentary Process
Bill S-212, an act to recognize self-governing First Nations, was introduced in the Senate but was later dropped from the Order Paper and did not proceed further.
Bill S-212, titled 'An Act providing for the recognition of self-governing First Nations of Canada', was introduced in the Senate and reached its First Reading on November 1, 2012. This means it was formally presented to the Senate for consideration. However, the bill was later dropped from the Senate's Order Paper on March 26, 2013, and therefore did not proceed further in the legislative process. The artifact also notes similar bills (S-216, S-16, S-38) that were introduced in previous Parliaments with similar titles and objectives related to the recognition of self-governing First Nations.
During a Senate sitting on November 1, 2012, Bill S-212 concerning the recognition of self-governing First Nations was introduced and read for the first time, alongside other routine proceedings and debates.
On November 1, 2012, the Senate convened for a sitting where several routine proceedings and debates occurred. Notably, Bill S-212, "An Act providing for the recognition of self-governing First Nations of Canada," was introduced and received its first reading. Other proceedings included the tabling of various committee reports and debates on different bills. The sitting also included Question Period and Orders of the Day where various government actions and proposed legislation were discussed.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.
Vote Summary
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
No published representative vote breakdown
This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.
Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
How this data is sourced