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Indigenous-Led National Reconciliation Council Created

Full Title: An Act to provide for the establishment of a national council for reconciliation

Summary#

This bill sets up a permanent, independent, Indigenous‑led not‑for‑profit called the National Council for Reconciliation. The Council will track and report on progress toward reconciliation, develop a national action plan, and educate the public. It also requires the federal government to share information, report each year on key indicators, and have the Prime Minister respond publicly. The Act takes effect on a date set by the Governor in Council (Coming into Force).

  • Creates an Indigenous‑led Council (not a government agency) to monitor, evaluate, and report on reconciliation (Purpose; Functions).
  • Requires a federal data‑sharing protocol within 6 months of incorporation; Council can seek a Federal Court order if the Minister does not comply (Protocol).
  • Sets annual reporting by the Minister on child welfare, education, health, safety, and justice gaps, and a Prime Minister response within 60 days (Report of Minister; Report of Council; Government response).
  • Directs the Council to develop a multi‑year National Action Plan, do research, advise governments, and run public education (Functions (c), (e), (f)).
  • Ensures the Council does not replace consultation with Indigenous rights holders and does not affect existing bilateral mechanisms (For greater certainty; Bilateral mechanisms).
  • Makes the Council a “qualified donee” (can issue tax receipts for donations under the Income Tax Act) and requires audited financial reporting (Qualified donee; Financial Report).

What it means for you#

  • Households

    • You will get public annual reports on the state of reconciliation and the Government of Canada’s plans to advance it (Report of Council; Government response).
    • You may see new public education on Indigenous histories and realities (Functions (c)(iii), (f)).
    • Donations to the Council will be eligible for tax receipts because it is a qualified donee (Qualified donee).
  • Indigenous peoples and communities

    • The Council is Indigenous‑led; at least 2/3 of directors must be Indigenous, with seats nominated by AFN, ITK, MNC, and NWAC, and at least 2 directors from the territories (Nominations; Indigenous persons; Residents of territories).
    • The Council must include diverse representation “to the extent possible,” including elders, survivors, youth, gender‑diverse persons, regions, and French‑speaking Indigenous persons (Representativeness).
    • Translation and interpretation services must be available to support Indigenous language rights in the Council’s work (Functions (i)).
    • The Council will not represent Indigenous governing bodies, and engagement with it does not discharge the duty to consult rights holders (For greater certainty).
  • Workers and businesses

    • No new legal duties are placed on private workers or businesses. The Council may encourage partnerships and dialogue on reconciliation in the private sector (Functions (g)), but participation is voluntary under this Act.
  • Federal government (ministries, agencies, Crown‑Indigenous Relations)

    • Within 6 months of incorporation, the Minister must create an information‑sharing protocol with the Council that lets it receive all information it judges relevant “to the extent possible” (Protocol).
    • Each year, by about September 30 (six months after March 31), the Minister must submit comparisons and progress data on child welfare, education funding, education and income outcomes, health indicators, youth custody, victimization, and overrepresentation in justice and corrections (Report of Minister (a)–(g)).
    • The Minister must table the Council’s annual report in Parliament; within 60 days, the Prime Minister must publish an annual report on the state of Indigenous peoples with plans for advancing reconciliation (Report of Council; Government response).
  • Provinces, territories, municipalities

    • The Council will monitor and report on reconciliation “across all levels of government,” but this Act does not impose reporting duties on provincial, territorial, or municipal governments (Functions (b); Definitions — governments).
    • Existing bilateral mechanisms between Canada and Indigenous governing bodies are not changed by this Act (Bilateral mechanisms).
  • Governance and transparency

    • The board has 9–13 directors; terms up to 4 years, max two terms; directors elected by special resolution of members; knowledge and experience on Indigenous matters required (Composition; Term of office; Election; Knowledge and experience).
    • The Council must publish audited comparative financial statements and details on its investments within 6 months after each financial year (Financial Report).

Expenses#

  • Estimated net cost: Data unavailable.

  • Key points

    • No explicit appropriation in the bill (Data unavailable).
    • The Council is a qualified donee under the Income Tax Act, allowing it to receive tax‑receipted donations and eligible government grants under existing authorities (Qualified donee).
    • Federal departments must produce and share data under an information‑sharing protocol and prepare annual indicators reports; administrative costs are not estimated (Protocol; Report of Minister).
    • The Council must fund an annual audit and publish financials; costs borne by the Council (Financial Report).
ItemAmountFrequencySource
Direct federal appropriation to CouncilData unavailableN/ABill contains no appropriation
Federal departmental reporting/admin costsData unavailableAnnualReport of Minister; Protocol
Council operating budget (donations/grants)Data unavailableAnnualQualified donee; Financial Report

Proponents' View#

  • Creates an independent, Indigenous‑led body to track reconciliation across society and governments, addressing Truth and Reconciliation Commission Call to Action 53 (Preamble; Purpose; Functions).
  • Strengthens accountability with annual reporting by the Minister on key outcome gaps and a mandatory Prime Minister response within 60 days (Report of Minister; Government response).
  • Establishes a multi‑year National Action Plan, with research, policy development, and public education to drive practical change (Functions (c)).
  • Ensures work aligns with Indigenous rights and a rights‑based approach to self‑determination (Functions (b.1)).
  • Protects the duty to consult by stating engagement with the Council does not replace consultation with rights holders (For greater certainty (b)).
  • Builds transparency through required audited financial statements and public disclosure of investment activities (Financial Report).

Opponents' View#

  • No dedicated funding is set in the Act; reliance on donations or future agreements may limit capacity and stability (Qualified donee; no appropriation specified).
  • The Minister co‑selects the first board with the transitional committee, which could raise concerns about perceived independence at start‑up (First board of directors).
  • The Council’s powers are advisory and reporting‑based; the Prime Minister must respond with a report, but there is no obligation to implement recommendations (Report of Council; Government response).
  • The information‑sharing protocol requires “to the extent possible” access; its scope is undefined in the Act, which may lead to delays or disputes over data (Protocol (1)–(3)).
  • The Council must monitor progress “across all levels of government,” but the Act imposes no reporting duties on provinces or municipalities, which may create data gaps (Functions (b); Definitions — governments).
Indigenous Affairs
Education
Social Issues

Votes

Vote 89156

Division 224 · Agreed To · November 29, 2022

For (53%)
Against (44%)
Paired (3%)
Vote 89156

Division 225 · Agreed To · November 29, 2022

For (97%)
Paired (3%)
Vote 89156

Division 226 · Agreed To · November 29, 2022

For (97%)
Paired (3%)
Vote 89156

Division 227 · Agreed To · November 29, 2022

For (100%)