Bill C-428 (Historical)

Indian Act Amendment and Replacement Act

An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement

This enactment amends the Indian Act to require band councils to publish their by-laws and repeals certain outdated provisions of the Act.
It also requires the Minister of Indian Affairs and Northern Development to report annually to the House of Commons committee responsible for Aboriginal affairs on the work undertaken by his or her department in collaboration with First Nations and other interested parties to develop new legislation to replace the Indian Act.

The House resumed from November 18 consideration of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement, as reported (with amendments) from the committee, and of the motions in Group No. 1.

Indian Act Amendment and Replacement Act

[The Acting Speaker, Bruce Stanton]

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motions at report stage of Bill C-428 under private member's business.

Call in the members.

And the bells having rung:

[The Acting Speaker, Bruce Stanton]

The question is on Motion No. 2. A vote on this motion also applies to Motion No. 3.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, although I stood, my colleagues mentioned that they did not hear my name called. I just want to ensure my vote was recorded.

[The Acting Speaker, Bruce Stanton]

I am given to understand that the vote was recorded.

(The House divided on Motion No. 2, which was agreed to on the following division:)

Vote #12

[The Acting Speaker, Bruce Stanton]

I declare Motion No. 2 carried. I also declare Motion No. 3 carried.

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

moved that the bill be concurred in.

[The Acting Speaker, Bruce Stanton]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

(The House divided on the motion which was agreed to on the following division:)

Vote #13

[The Acting Speaker, Bruce Stanton]

I declare the motion carried.

When shall the bill be read a third time? By leave now?

[Rob Clarke, Conservative, Desnethé—Missinippi—Churchill River, SK]

moved that the bill be read the third time and passed.

[The Acting Speaker, Bruce Stanton]

I see the Chief Government Whip rising on a point of order.

[John Duncan, Conservative, Vancouver Island North, BC]

Mr. Speaker, I believe if you seek it you shall find agreement to apply the outcome of this vote to the next vote.

[The Acting Speaker, Bruce Stanton]

Is it the pleasure of the House to proceed in this fashion?

[Some hon. members]

Agreed

[Nycole Turmel, NDP, Hull—Aylmer, QC]

Mr. Speaker, the NDP agrees to apply the vote, and we will vote no.

[The Acting Speaker, Bruce Stanton]

This practice is a little different from when we take the votes by party. The proposition by the chief government whip effectively applies the vote from the last vote at report stage to the vote at third reading, so we will not have to go to each of the whips to verify that. The House adopted that process, so we are good to go.

(The House divided on the motion which was agreed to on the following division:)

Vote #14

[The Acting Speaker, Bruce Stanton]

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)