Independent Commissioner for Modern Treaty Oversight

Summary#

This bill creates an independent Commissioner for Modern Treaty Implementation and a new federal office to support that role. The Commissioner will review and audit how federal departments carry out modern treaties with Indigenous partners, report findings to Parliament, and make recommendations (Bill: Mandate; Reviews and performance audits; Reports).

• Creates an independent Commissioner, appointed by Cabinet with approval of both the House of Commons and the Senate, for a term of up to 7 years (Bill: Appointment).
• Establishes the Office of the Commissioner as a separate federal organization subject to access to information, privacy, and official languages laws (Bill: Office establishment; Consequential Amendments).
• Gives the Commissioner broad access to information from federal institutions, with confidentiality and security safeguards (Bill: Access to information; Security requirements; Non-disclosure).
• Requires reviews and performance audits of federal activities related to modern treaty implementation, with final reports tabled in Parliament (Bill: Reviews and performance audits; Final report).
• Requires an annual report and allows special reports on urgent issues, both tabled in Parliament (Bill: Annual report; Special reports).
• Sets periodic parliamentary and independent reviews of the Act itself (10-year and 5-/7-year cycles) (Bill: Parliamentary review; Independent review).

What it means for you#

• Households

  • No direct new programs, payments, or obligations. The change is institutional oversight. Practical effects may come later if departments change how they implement treaties in response to the Commissioner’s recommendations (Bill: Report; Final report).

• Indigenous modern treaty partners (the entities listed in the Schedule)

  • Can refer matters to the Commissioner for review or performance audit of federal implementation activities (Bill: Reviews and performance audits (1)).
  • Receive draft findings relevant to them and may submit written responses that must be included in the final report (Bill: Draft — Indigenous modern treaty partners; Inclusion in final report).
  • Receive copies of final reports after tabling in Parliament (Bill: Final report (3)).
  • Are consulted on Commissioner appointments, amendments to the Act’s Schedule, independent reviews, and regulation development (Bill: Appointment; Amendments to schedule; Independent review; Collaboration).

• Federal public servants and departments (“government institutions” under the Financial Administration Act)

  • Must provide information, reports, and explanations the Commissioner considers necessary, subject to any explicit statutory limits (Bill: Access to information).
  • Will receive draft findings and must submit written responses within deadlines set by the Commissioner; responses will appear in final reports (Bill: Draft — government institutions; Response of institution; Inclusion in final report).
  • Should expect coordination between the Commissioner and the Auditor General to avoid duplication of audits (Bill: Coordination of activities).

• Parliament and committees

  • Will receive and review final reports for each review/audit, annual reports, and any special reports within 15 sitting days of submission (Bill: Final report; Annual report; Special reports).
  • Must approve the Commissioner’s appointment by resolution in both Chambers (Bill: Appointment).

• Taxpayers

  • The Office becomes a separate federal entity. It will require ongoing operating funds, staffing, and periodic independent reviews. The bill does not state dollar amounts (Bill: Office establishment; Staff; Independent review). Data unavailable.

Expenses#

Estimated net cost: Data unavailable (no fiscal note; bill contains no dollar amounts).

• The bill creates a new Office led by a Commissioner with deputy-head rank, salaried staff under the Public Service Employment Act, and authority to hire specialized advisors with Treasury Board–approved remuneration (Bill: Rank, powers and duties; Staff; Technical or specialized assistance).
• The Governor General recommends an appropriation (spending authority), but the bill includes no specific funding level or staffing numbers (Minister’s Recommendation; Bill text).
• The Office is designated as a separate organization under the Financial Administration Act and is added to access to information, privacy, pension, and official languages statutes, implying ongoing operating costs funded through the federal Estimates (Bill: Consequential Amendments).
• Periodic reviews (parliamentary at 10-year intervals; independent at 5 years, then every 7 years) will have additional costs. Amounts not stated (Bill: Parliamentary review; Independent review).
• No fees, taxes, or explicit revenue changes are created by the bill. Data unavailable.

Proponents' View#

• Improves accountability for treaty implementation by enabling independent reviews and performance audits across all federal institutions, with public reporting to Parliament (Bill: Mandate; Reviews and performance audits; Final report).
• Ensures access to needed information, reducing barriers to oversight; the Commissioner can require information and develop joint protocols with the Minister if departments do not provide it (Bill: Access to information; Provision of information).
• Builds in transparency and responsiveness: departments must respond in writing to draft findings, and all responses are published in final reports (Bill: Draft — government institutions; Inclusion in final report).
• Respects existing treaty-specific processes while adding a system-wide lens; Commissioner audits do not replace dispute resolution under individual treaties (Bill: Reviews and performance audits (2)-(3)).
• Avoids duplication by requiring coordination with the Auditor General and allowing information sharing, improving efficiency (Bill: Coordination of activities; Information sharing).
• Strengthens independence and continuity through fixed terms up to 7 years, protection from legal proceedings for good-faith work, and deputy-head status (Bill: Appointment; Tenure; Immunity).

Opponents' View#

• Creates a new federal office with ongoing costs but no stated budget, performance targets, or cost-benefit metrics in the bill text (Bill: Office establishment; Expenses section: Data unavailable).
• Risks overlap with the Auditor General and existing treaty monitoring bodies; coordination is required, but the bill relies on “reasonable steps” rather than firm guardrails (Bill: Coordination of activities).
• Provides broad access to information, which may increase administrative burden and raise confidentiality management challenges, even with security and non-disclosure requirements (Bill: Access to information; Security requirements; Non-disclosure).
• Grants a mandate to assess consistency with “broad and purposive” treaty objectives, which could lead to differing interpretations and disputes over findings (Bill: Mandate (b)).
• Lacks enforcement powers; the Commissioner can make recommendations and brief ministers, but cannot compel corrective action, potentially limiting real-world impact (Bill: Report; Briefings).
• Information flow can still be delayed; if information is not received, the remedy is discussion and a joint protocol with the Minister, not an order, which may slow reviews (Bill: Provision of information (2)).