Bill S-6 (Historical)

First Nations Elections Act

An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations

This enactment establishes a regime, alternative to the one under the Indian Act, to govern the election of chiefs and councillors of certain First Nations. Among other things, the regime
(a) provides that chiefs and councillors hold office for four years;
(b) provides that the election of a chief or councillor may be contested before a competent court; and
(c) sets out offences and penalties in relation to the election of a chief or councillor.
This enactment also allows First Nations to withdraw from the regime by adopting a written code that sets out the rules regarding the election of the members of their council.

Bill S-6—Time Allocation Motion

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, I want to thank the minister for taking the time to be explicit about what the bill is about.

It is only the opposition members who would think that having something started in 2008 and having it resolved in 2013 is pushing it through.

However, I want to get back to what we are here to speak about. It is my understanding that the election of chiefs and councillors can be held in three ways. One of the ways is outlined in the Indian Act, and it falls under the Indian band election regulations. The other way falls under the first nation's own leadership selection process, under what is called “custom election code”. To my understanding, the third way is also pursuant to the community's constitution contained in a self-government agreement.

Some of the background I have is that of the 617 first nations in Canada, 239 hold elections under the Indian Act and the Indian band election regulations, 342 will select their leadership according to their own community or custom election code, and 36 of those are self-government.

Could the Minister of Aboriginal Affairs explain why Bill S-6 is necessary as an additional option by which first nations could hold their elections?

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I always regret that the government House leader comes in and tells us that we are going to have time allocation and then leaves whatever minister is responsible for the bill to account for the fact that we have, yet again, a consistent approach of limiting time for debate on bills. As far as I can see, it is the decision not of the hon. minister who is here to answer questions but of the government House leader who is not.

I would once again bemoan the fact that with time allocation having been brought 44 times into this Parliament, we are breaking all historical records. One of the inevitable results of time allocation is that members of Parliament who are not in recognized parties, such as me, as leader of the Green Party, will not have an opportunity to participate in the debate on Bill S-6 other than through questions and comments.

I ask the hon. minister if he would please prevail upon his colleagues in the Privy Council of this particular Prime Minister to change this anti-democratic trend, which is really going to be the legacy of this particular administration as the most repressive in the history of Canada.

[Bernard Valcourt]

Mr. Speaker, the simple fact of the matter is that the Indian Act is an antiquated, outdated, archaic, paternalistic piece of legislation that dates back to 1867, I believe. It must be replaced with modern legislation.

On this side of the House, we understand that it cannot be replaced overnight. That is why we are taking practical, incremental steps to do just that. Bill S-6, which we are dealing with today, would be just one of those practical solutions.

The bill would offer several key improvements over the current Indian Act election system, including four-year terms of office; the possibility that several first nations could hold their elections on a common day; defined offences and penalties that would allow questionable election activities to be prosecuted; and, finally, the removal of the role and decision-making power of the minister in election appeals.

I know that on that side of the House, the NDP and the Liberals would like to keep the minister intervening with this paternalistic approach to first nations, but we do not agree.

[Bernard Valcourt]

Mr. Speaker, I will simply say that Bill S-6 is necessary so that Canada's first nations can have the option of conducting their elections within a legislated system, a system that is robust, modern and similar to electoral systems used by other levels of government in the country. That is what we will accomplish by passing this motion. A standing committee of the House will study the bill.

Family Homes on Reserves and Matrimonial Interests or Rights Act

[Niki Ashton, NDP, Churchill, MB]

Mr. Speaker, I am very honoured to rise in the House to speak on behalf of so many of my constituents and first nations people across Canada who have vehemently opposed Bill S-2.

I stand here on a day, as was noted earlier, five years after the anniversary of the current government's apology to residential school survivors, five years after the government made the most serious commitment to the first peoples of our country in committing to a new relationship, a new way of doing things and a new tomorrow. Unfortunately, all first nations people in Canada have seen since that day five years ago are more colonialist policies, more paternalistic attitudes, more impoverishment and more marginalization.

Bill S-2 is one step along that way. Not only is it not part of a new beginning or a new relationship, but Bill S-2 is part of a pattern of colonial legislation put forward by the government toward first nations. There was C-47 and Bill C-8. Now we have Bill S-6. All of these bills first nations people, their organizations and their leaders have opposed. It was clear during the Idle no More movement. First nations people rose up against the omnibus legislation that would impact their treaty and aboriginal rights, but they also very explicitly indicated that they were opposed to the series of bills, including Bill S-2, the government is putting forward.

I will remind members of the government that the Idle No More movement was started by four women from Saskatoon, who, with many indigenous women across Canada, rose up and said, “enough”. They said enough to the colonial attitudes that have overrun their communities for far too long. They said enough to a government that has sought to impose their assimilationist views on their communities. They said enough to the status quo.

We have heard many references, in government members' feigned indignation, to the 25 years first nations women have waited. Colonialism has gone on for far more than 25 years, and first nations have had to put up with government after government, and the current government is no different, with the kind of attitude that is so unacceptable, so much against what Canadians want from their government, yet it continues on the same path.

The concerns around Bill S-2 are not philosophical. They are very real and very much based on extremely problematic elements of this legislation. First and foremost, there was the lack of nation-to-nation consultation. This is not a choice. According to our Constitution, there must be consultation with first nations.

Let us go further. The government signed the UN Declaration on the Rights of Indigenous Peoples. Bill S-2 breaks the commitment the government made to the UN declaration. Bill S-2 serves to attack treaty and aboriginal rights. Despite the fact that there are obtuse references to respecting first nations governance, we have not seen the government act on that notion in legislation after legislation. It is pretty rich to hear government members apply impassioned rhetoric when it comes to first nations people when, in fact, it fails to hear from the first nations people who are most directly impacted.

Let me get to some of the other major problems with this piece of legislation, and there are many. Just so we are clear, the NDP put forward reasoned amendments to this bill that involved a series of points, but I will list only a few. We noted that if these points were not recognized, in addition to our concern about the lack of consultation, we could not support Bill S-2. Again, it is not a philosophical discussion. Members will understand from the points I will raise that it is very real, based on factual points the government has absolutely ignored in its process of developing this bill.

Bill S-2 fails to implement the ministerial representative recommendations for a collaborative approach to developing and implementing legislation. The bill does not recognize first nations jurisdiction or provide the resources necessary to implement this law. The bill fails to provide alternative dispute resolution mechanisms at the community level. The bill does not provide access to justice, especially in remote communities. The bill does not deal with the need for non-legislative measures to reduce violence against aboriginal women. The bill would make provincial court judges responsible for adjudicating land codes for which they have no training or in which they have no experience. The bill does not address issues such as access to housing and economic security that underlie the problems on reserve in dividing matrimonial property rights.

It is clear that these points are not recognized in Bill S-2. There is no response to the serious concerns that first nations people raised both in our committee and in prior consultations regarding the bill. Also, it is not to say that this is the first iteration of the bill. The Conservative government has tried this on numerous occasions, and every time it has been clear that first nations people are opposed to the Conservatives' imposition of a paternalistic approach to matrimonial real property rights.

Certainly we heard tonight that, all of a sudden, the Conservative government has real concern regarding violence against aboriginal women, which are great words, but let us look at the actions.

It is no secret, and now we are entering a phase in our history where we are being shamed internationally for our lack of action in putting an end to the epidemic of missing and murdered aboriginal women. Over 600 aboriginal women in Canada have gone missing or have been found murdered in Canada, but the current government has done nothing but deflect the issue.

The Conservatives make these connections between missing and murdered aboriginal women in Bill S-2. Well, aboriginal people know that the current government is trying desperately to change the channel, and no one is buying it.

When we are talking about the issue of violence against aboriginal women, it is serious and it demands far more than a slap-in-the-face piece of paternalistic legislation. It requires real action. It requires sitting down with first nations and working with them. It requires making investments in non-legislative measures. It involves getting to the root causes of the violence that aboriginal women face.

We have heard that if the current government actually wanted to do something, it would respond to the calls for a national inquiry that have been going on for years in our country, yet it has not. If the government really cared, it would have responded to the calls for a national action plan to end violence against aboriginal women, but it has not. If the government really truly cared, it would do something about the excruciating levels of poverty that aboriginal women face in Canada, but it has done nothing.

Not only would I argue that the Conservative government has not done anything when it comes to the poverty facing first nations women, it has made it worse. The government has made it worse by the cuts it is imposing in terms of the services that first nations people need. The Conservatives are making it worse by continuing to apply the 2% cap that the Liberal government in the past imposed on first nations. They are doing it now by going after the advocacy organizations, including the tribal councils, that are involved in delivering direct services to first nations, and that make a real difference when it comes to housing and education.

Not only is there a ton of hypocrisy coming from the Conservative government, in that all of a sudden it cares about violence against aboriginal women, it is shameful that the Conservatives would stand in this House and turn to the NDP or whomever else and accuse us, instead of looking to their own business.

This is a perfect case of changing the channel. Aboriginal people have seen this before and they are seeing it in spades with the Conservative government. They saw it when the Minister for Status of Women was quoted in the media as blaming the chiefs and leaders for why the bill was not going forward.

I had the chance to raise that exact point with leaders who came to our committee and some of them were women leaders as well. I read to them the kind of messages that the government was putting forward. I felt so ashamed that a federal government and its ministers, ministers of the Crown, would treat first nation leaders with such disrespect when they were doing nothing more on a bill like this than speaking out on behalf of their people, when leaders, women and men, were speaking out on the very real needs they had to put an end to the violence that first nation women face.

Let us talk a bit about some of those challenges. I reference the extreme levels of poverty.

One of the most recurring themes that came up in our committee was the lack of housing on first nations. Now some members, actually, on the government side in our committee asked what the connection was between housing and violence.

I do not think a lot of the members on the government side have spent time on reserve. I invite them to come to northern Manitoba. I invite them to come to communities like Pukatawagan, Opaskwayak Cree Nation, Gods River, Shamattawa, St. Theresa Point, Garden Hill, Berens River Bloodvein. I invite them to visit the houses where there are 15 people living inside a house, no, maybe even 21 people living inside a house, mould-infested homes.

I invite them to see what is like, to hear about the social tensions that have developed because people simply do not have a place to live. Why do they not have a place to live? Because they live on reserve and because they are under a federal system and successive federal governments, I would note. Currently the Conservative government has sought nothing more than to further impoverish people, than to further fill inadequate housing up with more people, than to limit the kind of opportunities these first nation people have to access the outside world and opportunities that may exist outside their community. Then it turns around and tells us that a document, Bill S-2, would end the social conflict and social tension that they face.

This is beyond insulting. It is beyond reproach. This is the face of colonialism. It is the face of a colonial government that has sought nothing more, time after time, than to further marginalize the first peoples of our country.

The NDP takes great encouragement from the first nation leaders, from the women and the men and the grassroots leaders, I will note particularly, who have stood up and who have stood up through their Idle No More movement. They said that they had enough of the government's attitude toward them. They have had enough of great sounding commitments, like the commitment of five years ago, the new relationship that came directly from the current Prime Minister, only to be followed by legislation after legislation, rhetoric messages that seek to divide Canadians, that seek to pit Canadians of various backgrounds against aboriginal Canadians, that seek to divide aboriginal communities among themselves, that seek to change the channel, instead of actually having a government that would step up, work with first nations, consult on a nation-to-nation basis, work in partnership and make the investments necessary.

These challenges are not going away any time soon. The violence against aboriginal women is certainly not going to go away as a result of Bill S-2.

I think of Joan Jack, the counsellor from Berens River, who so passionately spoke in our committee. She said that the bill would not save one life in Berens River.

I would encourage members of the government to look at the Hansard to hear the messages that we heard in committee, to hear the kind of opposition that exists against Bill S-2.

While we are talking about committee, we have heard government members tonight make various references to consultation and how they have heard from people and all of these things. If they wanted to hear from people so badly, why did they bring closure in on this debate? Why did they cut off debate, not only in the House but also at committee?

We had two weeks to look at this fundamental piece of legislation. I will put on the record that in those two weeks the government made sure we got to hear from the Congress of Aboriginal Peoples more than any other national aboriginal organization. The Congress of Aboriginal Peoples clearly expressed in its presentation that it does not represent on-reserve aboriginal people. Therefore, the question is this. Why would an organization that does not represent on-reserve first nations people be seen as the ultimate authority on this very piece of legislation?

I will not leave the surprise any longer. It is because it read exactly the kind of messages that the government wanted to hear. However, when it came to organizations like the Native Women's Association of Canada, the Assembly of First Nations and various band chiefs, various people with legal expertise, grassroots leaders who had real concerns with Bill S-2, who opposed Bill S-2, none of them got as much time to speak to it as the Congress of Aboriginal Peoples.

The Native Women's Association of Canada got eight minutes to speak to this bill with no questions and answers. It is truly shocking. The Assembly of First Nations got 10 minutes to present, and I am stretching it by saying it had maybe 12 minutes of questions and answers.

The government turns around and uses the word “consultation” and uses the sentiment of indignation. Those of us who are standing in solidarity with first nations who did not have their voices heard or who had their messages cut off because the government was so eager to shut down the debate, we are the ones who are shocked and angered by the government's colonialist approach to first nations.

First nations deserve far better than the current government, which has sought nothing more than to further impoverish, further marginalize and further assimilate them. They deserve justice and respect. They certainly do not deserve a bill like Bill S-2. They deserve real leadership. I end off on that point.

We have heard the government members call on us, hoping we might change course. I would ask them to listen to the many people who they have blocked from the House and committee, the voices of first nations who would be most impacted by this bill. I would ask them to change course and free themselves of the colonialist approach they have taken to heart and start a new beginning, like the new beginning their boss talked about five years ago. It is time.

Bill S-6—Notice of time allocation motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, an agreement could not be reached under the provisions of Standing Order 78(1) or 78(2) or through some other arrangement, as we just witnessed, with respect to the second reading stage of Bill S-6, an act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Tax Conventions Implementation Act, 2013

[Peter Van Loan, Conservative, York—Simcoe, ON]

Mr. Speaker, I rise on a point of order. When I rise in this House to give notice of a motion under Standing Order 78(3), I have to advise that an agreement could not be otherwise reached. These are not empty words. This reflects the state of discussions among the parties on a given bill.

At least twice in recent days, there have general agreements among the parties about proceeding with a piece of legislation in a particular way. When we have tried to convert those agreements into a form the House could endorse so that the House may govern itself accordingly, the NDP balks. It says we should simply trust the NDP.

I know that many members across the way are former union negotiators or union leaders. I would never imagine that they would go back to their membership and recommend approval of a deal when all management says is “trust us”.

With that in mind, and in the interest of securing agreement, I put forward the following motion before the House. There have been consultations with the parties, so it is my hope that there would be unanimous consent that on Tuesday, June 11, the House shall, during government orders, consider the third reading stage of Bill S-2, an act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, followed by the second reading stage of Bill S-6, an act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations, and followed, in turn, by the second reading stage of Bill S-10, an act to implement the Convention on Cluster Munitions; (b) during the consideration at the third reading stage of Bill S-2 when no member rises to speak or at the expiry of the time provided for debate pursuant to order made Tuesday, June 4, under the provisions of Standing Order 78(3), whichever is earlier, every question necessary to dispose of the said stage of the bill shall be put forthwith; and successively without further debate or amendment during the consideration at the second reading stage of Bill S-6 when no member rises to speak or at 5:30 p.m., whichever is earlier, every question necessary to dispose of the said stage of the said bill shall be put forthwith and successively without further debate or amendment; (d) during consideration of the second reading stage of Bill S-10 when no member rises to speak or at 10 p.m., whichever is earlier, every question necessary to dispose of the stage of the said bill shall be put forthwith and successively without further debate or amendment; (e) when a recorded division is demanded it shall be deemed deferred in accordance with the manner provided in paragraph (b) of the special order adopted Wednesday, May 22; (f) upon the chair of the Standing Committee on Foreign Affairs and International Development or a member of the committee acting for the chair indicating on a point of order that the committee has ready a report respecting Bill S-14, an act to amend the Corruption of Foreign Public Officials Act, the House shall immediately revert to presenting reports from committees for the purpose of receiving the said report; and (g) upon the conclusion of proceedings on Bill S-10, the House shall take up adjournment proceedings pursuant to Standing Order 38.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I do want to start by reviewing what our House has accomplished over the preceding five days since I last answered the Thursday question.

Bill C-51, the safer witnesses act, was passed at third reading. Bill C-52, the fair rail freight service act, was passed at third reading. Bill C-63 and Bill C-64, the appropriations laws, passed at all stages last night as part of the last supply day of the spring cycle.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, has been debated some more at third reading. Bill C-60, the economic action plan 2013 act, no. 1, was passed at report stage. Bill S-8, the safe drinking water for first nations act, was passed at report stage, was debated at third reading, and debate will continue.

Bill S-14, the fighting foreign corruption act, was passed at second reading. Bill C-56, combating counterfeit products act, was debated at second reading. Bill S-15, the expansion and conservation of Canada’s national parks act, was debated at second reading. Bill S-17, the tax conventions implementation act, 2013, was debated at second reading.

On Bill C-62, the Yale First Nation final agreement act, we adopted a ways and means motion, introduced the bill, passed it at second reading and it has since passed at committee. I anticipate we will be getting a report from the committee shortly.

Bill S-16, the tackling contraband tobacco act, was given first reading yesterday after arriving from the Senate. Bill C-65, the respect for communities act, was introduced this morning.

Substantive reports from four standing committees were adopted by the House.

On the private members' business front, the House witnessed three bills getting third reading, one being passed at report stage, two being reported back from committee and one was just passed at second reading and sent to a committee.

Last night was the replenishment of private members' business, with 15 hon. members bringing forward their ideas, which I am sure we will vigorously debate.

The House will continue to deliver results for Canadians over the next week. Today, we will finish the third reading debate on Bill S-8, the safe drinking water for first nations act. Then we will turn our collective attention to Bill S-15, the expansion and conservation of Canada’s national parks act, at second reading, followed by Bill S-2, the family homes on reserves and matrimonial interests or rights act, at third reading.

Tomorrow we will have the third reading debate on Bill C-60, the economic action plan 2013 act, no. 1. The final vote on this very important job creation and economic growth bill will be on Monday after question period.

Before we rise for the weekend, we hope to start second reading debate on Bill C-61, the offshore health and safety act.

On Monday, we will complete the debates on Bill S-15, the expansion and conservation of Canada’s national parks act, and Bill S-2, the family homes on reserves and matrimonial interests or rights act.

Today and next week, I would like to see us tackle the bills left on the order paper, with priority going to any bills coming back from committee.

As for the sequencing of the debates, I am certainly open to hearing the constructive proposals of my opposition counterparts on passing Bill S-6, the First Nations Elections Act, at second reading; Bill S-10, the Prohibiting Cluster Munitions Act, at second reading; Bill S-12, the Incorporation by Reference in Regulations Act, at second reading; Bill S-13, the Port State Measures Agreement Implementation Act, at second reading; Bill S-16, at second reading; Bill S-17, at second reading; Bill C-57, the Safeguarding Canada's Seas and Skies Act, at second reading; Bill C-61, at second reading; and Bill C-65, at second reading.

Mr. Speaker, I am looking forward to having another list of accomplishments to share with you, and all honourable members, this time next Thursday.

Suffice it to say, we are being productive, hard-working and orderly in delivering on the commitments we have made to Canadians.

There having been discussions among the parties that it will receive unanimous consent, I would like to propose a motion. I move:

That, notwithstanding any Standing Order or usual practices of this House, the member for Peace River be now permitted to table the Report of the Standing Committee on Aboriginal Affairs and Northern Development in relation to Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, now that we have been sitting for a week under our Conservative government's plans for a harder-working, productive and orderly House of Commons, I would remind all hon. members of what we have been able to achieve since just Victoria Day.

Bill C-48, the technical tax amendments act, 2012, was passed at report stage and third reading. Bill C-49, the Canadian museum of history act, was passed at second reading. Bill C-51, the safer witnesses act, was passed at report stage and we started third reading debate, which we will finish tonight. Bill C-52, the fair rail freight service act was passed at report stage and, just moments ago, at third reading. Bill C-54, the not criminally responsible reform act, was passed at second reading. Bill C-60, the economic action plan 2013 act, No. 1, was reported back from committee yesterday.

Bill S-2, the family homes on reserves and matrimonial interests or rights act, was passed at report stage and we started third reading debate. Bill S-6, the first nations elections act, was debated at second reading. Bill S-8, the safe drinking water for first nations act, which was reported back to the House this morning by the hard-working and fast running member for Peace River, has completed committee. Bill S-10, the prohibiting cluster munitions act, was debated at second reading. Bill S-12, the incorporation by reference in regulations act, was debated at second reading. Bill S-13, the port state measures agreement implementation act, was debated at second reading. Bill S-14, the fighting foreign corruption act, was debated at second reading.

We will build on this record of accomplishment over the coming week.

This afternoon, as I mentioned, we will finish the second reading debate on Bill C-51. After that, we will start the second reading debate on Bill C-56, Combating Counterfeit Products Act.

Tomorrow morning, we will start report stage on Bill C-60, now that the hard-working Standing Committee on Finance has brought the bill back to us. After I conclude this statement, Mr. Speaker, I will have additional submissions for your consideration on yesterday's point of order.

After question period tomorrow, we will get a start on the second reading debate on Bill S-15, Expansion and Conservation of Canada’s National Parks Act. I am optimistic that we would not need much more time, at a future sitting, to finish that debate.

On Monday, before question period, we will debate Bill S-17, Tax Conventions Implementation Act, 2013, at second reading. In the afternoon, we will hopefully finish report stage consideration of Bill C-60, followed by Bill S-2 at third reading.

On Tuesday, we will return to Bill S-2 if necessary. After that, I hope we could use the time to pass a few of the other bills that I mentioned earlier, as well as the forthcoming bill on the Yale First Nation Final Agreement.

Wednesday, June 5 shall be the eighth allotted day of the supply cycle. That means we will discuss an NDP motion up until about 6:30 p.m. This will be followed by a debate on the main estimates. Then we will pass to two appropriations acts.

Next Thursday, I would like to return back to Bill C-60, our budget implementation legislation, so we can quickly pass that important bill for the Canadian economy.

Indian Affairs and Northern Development—Main Estimates, 2013–14

[Kelly Block, Conservative, Saskatoon—Rosetown—Biggar, SK]

Mr. Chair, I rise to speak to Aboriginal Affairs and Northern Development Canada's main estimates for 2013-14. Before I begin, I would like to indicate that I will use the first 10 minutes of my time to speak and the last 5 minutes to pose questions.

These main estimates reflect the Government of Canada's continued commitment to improving the quality of life for aboriginal people and northerners. Through targeted investments, this government is helping build the strong foundations of governance, human capital and infrastructure, which are the basis for healthy and prosperous communities.

Bill C-27, First Nations Financial Transparency Act, which received royal assent this past March, is one such example of our government's efforts to promote greater transparency and accountability. This, in turn, will create the conditions that encourage investment, economic development and growth, building a foundation for long-term prosperity in first nation communities across the country.

The passage of this legislation into law represents a milestone for those first nation communities, members and leaders who have been calling for this change. As I have said before, all Canadians, including first nations, want and deserve transparency and accountability from their governments. I am proud of our work with grassroots first nation members to have this legislation passed into law.

Until this legislation was passed, first nation governments were the only level of government in Canada that did not have some form of legislation to enhance or ensure accountability and transparency. Now the roughly 580 first nations operating under the Indian Act can benefit from more accountable, transparent governments.

Phyllis Sutherland, member of the Peguis First Nation and president of the Peguis Accountability Coalition, has said:

Bill C-27 will lead to big changes in accountability and transparency in First Nation communities...People at the grassroots level will be able to access information about their community without fear of intimidation or reprisal.

Colin Craig, prairie director of the Canadian Taxpayers Federation, said:

We pushed for this new law for over three years so we're ecstatic it has passed. We commend the government for acting on concerns raised by taxpayers and whistleblowers living on reserves...Plain and simple, this new law will improve accountability and especially help the grassroots hold their elected officials accountable.

The First Nations Financial Transparency Act ensures first nation citizens have the same democratic rights and protections as all other Canadians. First nations are already required as a condition of funding agreements to provide government officials with audited financial statements and a schedule of salary, honoraria and travel expenses for chiefs and councillors.

That is not always shared with local residents, even when they ask for the information. In fact, during committee hearings for Bill C-27, we heard stories of people being intimidated in their home community, just for asking for that information.

This act ensures these statements will now be made available to first nation members, as well as to the public through posting on a website. This change will not lead to an increased reporting burden. These documents are already being prepared in accordance with the same accounting principles that apply to all levels of government right across the country, using a consistent format that was put in place in 2012-13.

Our ultimate goal is one recipient, one agreement and one report. Work toward this goal has already begun through a pilot project in which several first nations across Canada are taking part. The participating first nations prepare an annual report to their community and Aboriginal Affairs and Northern Development Canada will now draw the performance information it needs from these reports to satisfy its own requirements to report to the Treasury Board and Parliament.

The results of this pilot project have been encouraging and as an added benefit, the participating first nations are in an excellent position to meet the requirements under the First Nations Financial Transparency Act.

In parallel with financial transparency created by the First Nations Financial Transparency Act, our government is reducing the reporting burden on first nations created by funding agreements. The year-end reporting handbook has been streamlined by 60% from previous years. This means that we are reducing the number of reports recipients must submit, including eliminating those that duplicate information we can now get from the audited financial statements that will be online.

All first nations will now be completing fewer reports each year, beginning this year. We intend to go even further to weed out unnecessary reporting, while ensuring Parliament, Canadians and first nations community members can evaluate the results achieved with taxpayer dollars.

Consistency and transparency will help voters in first nations make decisions at election time. They will be able to make comparisons from year to year and from community to community. They can ask questions about spending and about revenues. Some first nations governments already post financial information on their communities' websites. Some already table comprehensive annual reports to their communities. We commend them for this. The First Nations Financial Transparency Act will encourage this kind of progress right across the country. Legislation like Bill C-27 is an essential step forward on that path.

We have worked with first nations partners to develop legislation that would replace the defective election provisions of the Indian Act with a clear, consistent, reliable framework that communities can use to elect strong, stable, effective governments. I am pleased to report that our creative and collaborative work has borne fruit and the result of that creative collaboration is Bill S-6, the first nations election act.

The Indian Act elections system has significant flaws. For instance, the Indian Act requires that first nations communities hold elections every two years. This requirement deters first nations chiefs and councils from initiating long-term projects, from working closely with investors, business owners and partners in other governments and from taking full advantage of emerging opportunities to improve the lives of people in their communities.

There is more. The Indian Act does not prevent any person from running and being elected chief and to a councillor position at the same time. The current system's loose nomination process also enables the names of candidates who are neither dedicated to running nor serious about serving to be placed on the ballot without their approval and, in some instances, without their knowledge. Because of this omission in the law, some first nations elections have had more than 100 candidates vie for as few as 13 positions.

Finally, the Indian Act elections system does not contain offence and penalty provisions, leaving it open to abuse and questionable activities.

Bill S-6 would enable first nations people to shut a piece of the Indian Act by providing an alternative to its flawed election provisions. Bill S-6 would present an open, transparent and accountable election system that first nations people expect and deserve. We only have to consider some key provisions of the bill and what these provisions would set in motion to understand its value.

Significantly, Bill S-6 would provide for terms of office of four years. With this time horizon, band councils are well positioned to advance important initiatives for the well-being of their communities. As well, Bill S-6 would provide: more rigour to the nomination of candidates; offence and penalty provisions that would allow courts to impose penalties for activities such as vote buying and obstructing the electoral process; and remove the paternalistic role of the minister in reviewing and deciding upon election appeals.

It is important that we all understand that the proposed act would not be mandatory. A first nation could simply remain under its current election system, whether that is the Indian Act or its own community-based system. To opt into the new law, a band council must adopt a resolution asking the minister to add its name to the schedule of first nations to which the new election system would apply. At a later time, a first nation could remove itself from the first nations election act by developing its own community election code, submitting that code to a community vote and receiving a favourable outcome. More than that, the fact that Bill S-6 is the product of collaborative efforts among government and first nations organizations is testament to its validity as an important step forward for first nations.

As members can see from our work on the First Nations Financial Transparency Act and on Bill S-6, the first nations election act, our government is committed to helping deliver more effective, more transparent and accountable governments.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue the debate on today’s opposition motion from the NDP. Pursuant to the rules of the House, time is allocated and there will be a vote after the two-day debate.

Tomorrow we will resume the third reading debate on Bill S-9, the Nuclear Terrorism Act. As I mentioned on Monday, I am optimistic that we will pass that important bill this week.

Should we have extra time on Friday, we will take up Bill C-48, the Technical Tax Amendments Act, 2012, at report stage and third reading.

When we come back from constituency week, I am keen to see the House make a number of accomplishments for Canadians. Allow me to make it clear to the House what the government's priorities are.

Our government will continue to focus on jobs, growth and long-term prosperity. In doing that, we will be working on reforming the temporary foreign worker program to put the interests of Canadians first; implementing tax credits for Canadians who donate to charity and parents who adopt; extending tax credits for Canadians who take care of loved ones in their homes; supporting veterans and their families by improving the balance for determining veterans' benefits; moving closer to equality for Canadians living on reserves through better standards for drinking water, which my friend apparently objects to; giving women on reserves the rights and protections that other Canadian women have had for decades, something to which he also objects; and keeping our streets and communities safer by making real improvements to the witness protection program. We will of course do more.

Before we rise for the summer, we will tackle the bills currently listed on the order paper, as well as any new bills which might get introduced. After Victoria Day, we will give priority consideration to bills that have already been considered by House committees.

For instance, we will look at Bill C-48, which I just mentioned, Bill C-51, the Safer Witnesses Act, Bill C-52, the Fair Rail Freight Service Act, and Bill S-2, the Family Homes on Reserves and Matrimonial Interests or Rights Act, which I understand could be reported back soon.

I look forward also to getting back from committee and passing Bill C-60, , the economic action plan 2013 act, no. 1; Bill S-8, the safe drinking water for first nations act; and Bill C-21, the political loans accountability act.

We have, of course, recently passed Bill C-15, the strengthening military justice in the defence of Canada act, and Bill S-7, the combating terrorism act. Hopefully, tomorrow we will pass Bill S-9, the nuclear terrorism act.

Finally, we will also work toward second reading of several bills including Bill C-12, the safeguarding Canadians' personal information act; Bill C-49, the Canadian museum of history act; Bill C-54, the not criminally responsible reform act; Bill C-56, the combating counterfeit products act; Bill C-57, the safeguarding Canada's seas and skies act; Bill C-61, the offshore health and safety act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill S-12, the incorporation by reference in regulations act; Bill S-13, the port state measures agreement implementation act; Bill S-14, the fighting foreign corruption act; Bill S-15, the expansion and conservation of Canada’s national parks act, which establishes Sable Island National Park; and Bill S-17, the tax conventions implementation act, 2013.

I believe and I think most Canadians who send us here expect us to do work and they want to see us vote on these things and get things done. These are constructive measures to help all Canadians and they certainly expect us to do our job and actually get to votes on these matters.

I hope we will be able to make up enough time to take up all of these important bills when we come back, so Canadians can benefit from many parliamentary accomplishments by the members of Parliament they have sent here this spring.

Before taking my seat, let me formally designate, pursuant to Standing Order 81(4)(a), Tuesday, May 21, as the day appointed for the consideration in a committee of the whole of all votes under Natural Resources in the main estimates for the final year ending March 31, 2014. This would be the second of two such evenings following on tonight's proceedings.

Opposition Motion—Aboriginal Canadians

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, I am pleased to rise today to speak to the motion brought forward by the member for Nanaimo—Cowichan. I will be sharing my time with the member for Peace River.

Our government has repeatedly affirmed its commitment to self-government and land claim settlements. We know they are the keys to increasing opportunities, jobs and prosperity for first nations. Enabling first nations to participate more fully in the economic improvements, both for their financial and social well-being, contributes to healthier, more sustainable communities. Equally important, self-government gives greater control to first nations leaders and residents over the decisions that affect their daily lives.

Our government is committed to working with willing first nations to make changes to elements of the Indian Act that are barriers to first nations governance and economic growth. This past month, the Minister of Aboriginal Affairs and Northern Development announced that eight more first nations have joined the First Nations Land Management Act and chosen freedom from 34 land-related sections of the Indian Act. They now have power over their own reserve lands and resources, so they are able to take advantage of the economic activities without wading through bureaucratic red tape.

The First Nations Land Management Act is an important stepping stone to achieving self-government because it builds community capacity. Since first nations opted into this act and are no longer required to adhere to these land-related sections of the Indian Act, they have developed experience with land management. This experience, as well as developing a strong governance structure, sets the stage for greater self-government responsibilities down the road and improving accountability to members of first nation communities.

When a first nation opts into the First Nations Land Management Act regime, it opts out of the 34 land-related sections of the Indian Act. This frees the community from the outdated land management provisions of the Indian Act, which have not kept pace with first nations' desire for increased participation in the Canadian economy. There have been 69 first nations that have already made the decision to use this tool. We look forward to welcoming many more of them.

Communities deserve to be responsible for land-related issues that were previously administered by Aboriginal Affairs and Northern Development Canada. This shift gives back the responsibility to the first nations to take greater ownership of economic development on reserve and encourages partnership with the private sector. This is a key component of our government's shared goal with first nations people to increase autonomy and self-sufficient communities. Our government believes that incremental amendments to the Indian Act to bring our concrete, practical changes will lead to real results for grassroots first nations people and enable them to achieve greater self-sufficiency and prosperity.

Another example is Bill C-27, the first nations financial transparency act. Canadians understand the importance of transparency and accountability to promote confidence in their leaders. They know that first nations members deserve the same from their leadership, and they need access to adequate information to ensure their elected leaders are acting in their best interest. Bill C-27 puts in place the same types of rules for first nations on financial transparency that already apply to other levels of government in Canada. Let me remind my hon. colleagues that chiefs belonging to the Assembly of First Nations passed a resolution at their special chiefs assembly in December 2010 regarding financial disclosure. They affirm the need to publicly release information regarding salaries and expenses to their members. They have also agreed to make financial information available via the Internet where applicable.

Sadly, implementation of this resolution is far from complete. Even the AFN knows that financial disclosure is needed for first nation communities. The bill will provide an important new tool that will enable first nation leaders to be more accountable to their members. Transparency is at the foundation of a healthy democracy. To this end, Bill C-27 is designed to empower first nation community members to hold their leaders to account. Further, this initiative is part of a wider government effort to create greater accountability to enhance economic growth for first nations and all Canadians.

This legislation is something first nation residents are demanding. The real genesis of this legislation rests at the grassroots level. Individual members of first nations and, in some cases, community coalition groups formed across the country have repeatedly complained about questionable financial practices by their band councils. Too many first nation members say that they do not have access to the information they need to hold their officials to account. Bill C-27 will require the salaries and expenses of chiefs and councillors and the audited consolidated financial statements of the first nation as a whole to be publicly disclosed. It will put in place rules regarding financial transparency that are comparable to those that apply to governments across Canada.

Most important, the public availability of this data will result in greater and more consistent transparency practices that will increase investor confidence in first nation communities. The proposed legislation has benefited from the input of first nation leaders, such as Chief Darcy Bear of the Whitecap Dakota First Nation in Saskatchewan. Chief Bear stated during his appearance before the Standing Committee on Aboriginal Affairs that transparency and accountability were among the principle factors that turned the Whitecap Dakota First Nation from near bankruptcy to the model vibrant community it is today.

Bill C-27 complements Bill S-6, the first nations elections act. These are both important pieces of legislation that support democratic practices and will empower first nations in the future. If passed, Bill S-6 will help ensure that first nations have a modern legislative framework to better support democracy, accountability and transparent governments, allowing first nation community members to make informed decisions about their leadership and create a better environment for private sector investment. This could in turn lead to greater economic development opportunities and improve the quality of life for first nation communities.

Our government is committed to working with willing first nations to strengthen financial and government transparency and accountability on reserve. The Indian Act cannot be replaced overnight, but our government has committed to working together to create the conditions to enable sustainable and economic success for first nations.

Furthermore, our government is investing in programs such as the aboriginal skills and employment training strategy, and the skills partnership fund. A set $1.68 billion has been committed from 2010 to 2015 to increase first nation participation in the Canadian labour force. I believe this is a great move forward, and I look forward, as a member of the Standing Committee on Aboriginal Affairs and Northern Development, to working further with first nations to ensure that they move forward as all Canadians should.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I want to start by thanking everyone involved in supporting us as members of Parliament in Tuesday’s voting. Despite all of the amendments at committee and in the House, the balance of the government’s 2012 economic action plan will become law shortly.

This afternoon, the House will resume consideration of second reading of Bill C-15, the Strengthening Military Justice in the Defence of Canada Act. Once that has concluded, we will turn to report stage of Bill C-37, the Increasing Offenders' Accountability for Victims Act, Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act, and Bill C-43, the Faster Removal of Foreign Criminals Act.

We will continue working on these bills tomorrow.

Monday shall be the seventh allotted day, which goes to the New Democrats. This gives the official opposition one last opportunity before the new year to lay out its plans and schemes for a $21.5 billion job-killing carbon tax that will raise the price of everything.

For the rest of the week, I hope to advance a lot of legislation that continues to sit on the order paper. In addition to the bills I mentioned already, we will also consider Bill C-48, the technical tax amendments act, 2012; Bill S-8, the safe drinking water for first nations act; Bill S-2, the family homes on reserves and matrimonial interests or rights act; Bill S-6, the first nations elections act; Bill S-10, the prohibiting cluster munitions act; Bill C-49, the Canadian museum of history act; Bill C-17, the Air Canada and its associates act; and Bill S-7, the combating terrorism act, once that bill has been reported back from committee next week, which I anticipate.

Extension of Sitting Hours

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

That, pursuant to Standing Order 27, the ordinary hour of daily adjournment shall be 12 midnight, commencing on Monday, June 11, 2012, and concluding on Friday, June 22, 2012, but not including Friday, June 15, 2012.

Today I rise to make the case for the government's motion to extend the working hours of this House until midnight for the next two weeks. This is of course a motion made in the context of the Standing Orders, which expressly provide for such a motion to be made on this particular day once a year.

Over the past year, our government's top priority has remained creating jobs and economic growth.

Job creation and economic growth have remained important priorities for our government.

Under the government's economic action plan, Canada's deficits and taxes are going down; investments in education, skills training, and research and innovation are going up; and excessive red tape and regulations are being eliminated.

As the global economic recovery remains fragile, especially in Europe, Canadians want their government to focus on what matters most: jobs, economic growth and long-term prosperity. This is what our Conservative government has been doing.

On March 29, the Minister of Finance delivered economic action plan 2012, a comprehensive budget that coupled our low-tax policy with new actions to promote jobs and economic growth.

The 2012 budget proposed measures aimed at putting our finances in order, increasing innovation and creating suitable and applicable legislation in the area of resource development in order to promote a good, stable investment climate.

The budget was debated for four days and was adopted by the House on April 4. The Minister of Finance then introduced Bill C-38, Jobs, Growth and Long-term Prosperity Act, the 2012 budget implementation bill. The debate at second reading of Bill C-38 was the longest debate on a budget implementation bill in at least two decades, and probably the longest ever.

On May 14, after seven days of debate, Bill C-38 was passed at second reading.

The bill has also undergone extensive study in committee. The Standing Committee on Finance held in-depth hearings on the bill. The committee also created a special subcommittee for detailed examination of the bill's responsible resource development provisions. All told, this was the longest committee study of any budget implementation bill for at least the last two decades, and probably ever.

We need to pass Bill C-38 to implement the urgent provisions of economic action plan 2012. In addition to our economic measures, our government has brought forward and passed bills that keep the commitments we made to Canadians in the last election.

In a productive, hard-working and orderly way, we fulfilled long-standing commitments to give marketing freedom to western Canadian grain farmers, to end the wasteful and ineffective long gun registry, and to improve our democracy by moving every province closer to the principle of representation by population in the House of Commons.

However, in the past year our efforts to focus on the priorities of Canadians have been met with nothing but delay and obstruction tactics by the opposition. In some cases, opposition stalling and delaying tactics have meant that important bills are still not yet law. That is indeed regrettable.

In the case of Bill C-11, the copyright modernization act, a bill that will help to create good, high-paying jobs in Canada's creative and high-tech sectors, this House has debated the bill on 10 days. We heard 79 speeches on it before it was even sent to committee. This is, of course, on top of similar debate that occurred in previous Parliaments on similar bills.

It is important for us to get on with it and pass this bill for the sake of those sectors of our economy, to ensure that Canada remains competitive in a very dynamic, changing high-tech sector in the world, so that we can have Canadian jobs and Canadian leadership in that sector.

Bill C-24 is the bill to implement the Canada-Panama free trade agreement. It has also been the subject of numerous days of debate, in fact dozens and dozens of speeches in the House, and it has not even made it to committee yet.

Bill C-23 is the Canada-Jordan economic growth and prosperity act. It also implements another important job-creating free trade agreement.

All three of these bills have actually been before this place longer than for just the last year. As I indicated, they were originally introduced in previous Parliaments. Even then, they were supported by a majority of members of this House and were adopted and sent to committee. However, they are still not law.

We are here to work hard for Canadians. Adopting today's motion would give the House sufficient time to make progress on each of these bills prior to the summer recess. Adopting today's motion would also give us time to pass Bill C-25, the pooled registered pension plans act. It is a much-needed piece of legislation that would give Canadians in small businesses and self-employed workers yet another option to help support them in saving for their retirement. Our government is committed to giving Canadians as many options as possible to secure their retirement and to have that income security our seniors need. This is another example of how we can work to give them those options.

In addition to these bills that have been obstructed, opposed or delayed one way or another by the opposition, there are numerous bills that potentially have support from the opposition side but still have not yet come to a vote. By adding hours to each working day in the House over the next two weeks, we would allow time for these bills to come before members of Parliament for a vote. These include: Bill C-12, safeguarding Canadians' personal information act; and Bill C-15, strengthening military justice in the defence of Canada act. I might add, that bill is long overdue as our military justice system is in need of these proposed changes. It has been looking for them for some time. It is a fairly small and discrete bill and taking so long to pass this House is not a testament to our productivity and efficiency. I hope we will be able to proceed with that.

Bill C-27 is the first nations financial transparency act, another step forward in accountability. Bill C-28 is the financial literacy leader act. At a time when we are concerned about people's financial circumstances, not just countries' but individuals', this is a positive step forward to help people improve their financial literacy so all Canadians can face a more secure financial future. Bill C-36 is the protecting Canada's seniors act which aims to prevent elder abuse. Does it not make sense that we move forward on that to provide Canadian seniors the protection they need from those very heinous crimes and offences which have become increasingly common in news reports in recent years?

Bill C-37 is the increasing offenders' accountability for victims act. This is another major step forward for readjusting our justice system which has been seen by most Canadians as being for too long concerned only about the rights and privileges of the criminals who are appearing in it, with insufficient consideration for the needs of victims and the impact of those criminal acts on them. We want to see a rebalancing of the system and that is why Bill C-37 is so important.

Of course, we have bills that have already been through the Senate, and are waiting on us to deal with them. Bill S-2, which deals with matrimonial real property, which would give fairness and equality to women on reserve, long overdue in this country. Let us get on with it and give first nations women the real property rights they deserve. Then there is Bill S-6, first nations electoral reform, a provision we want to see in place to advance democracy. Bill S-8 is the safe drinking water for first nations act; and Bill S-7 is the combatting terrorism act.

As members can see, there is plenty more work for this House to do. As members of Parliament, the least we can do is put in a bit of overtime and get these important measures passed.

In conclusion, Canada's economic strength, our advantage in these uncertain times, and our stability also depend on political stability and strong leadership. Across the world, political gridlock and indecision have led to economic uncertainty and they continue to threaten the world economy. That is not what Canadians want for their government. Our government is taking action to manage the country's business in a productive, hard-working and orderly fashion. That is why all members need to work together in a time of global economic uncertainty to advance the important bills I have identified, before we adjourn for the summer.

I call on all members to support today's motion to extend the working hours of this House by a few hours for the next two weeks. For the members opposite, not only do I hope for their support in this motion, I also hope I can count on them to put the interests of Canadians first and work with this government to pass the important bills that remain before us.

Message from the Senate

[The Deputy Speaker, Denise Savoie]

Before resuming debate, I must inform the House that a message has been received from the Senate informing this House that the Senate has passed Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations, to which the concurrence of the House is desired.