Notice of Ways and Means Motion to introduce a bill entitled An Act to give effect to the Red River Métis Self-Government Recognition and Implementation Treaty and to make consequential amendments to other Acts
That it is expedient to introduce a bill entitled An Act to give effect to the Red River Métis Self-Government Recognition and Implementation Treaty and to make consequential amendments to other Acts, the provisions of which are as follows:
Short Title
1. This Act may be cited as the Red River Métis Self-Government Recognition and Implementation Treaty Act.
Definitions
2. The following definitions apply in this Act.
federal law has the meaning assigned by the definition Federal Law in paragraph 1 of the Treaty. (règle de droit fédérale)
Manitoba Métis Federation has the meaning assigned by the definition MMF in paragraph 1 of the Treaty. (Fédération Métisse du Manitoba)
Red River Métis has the same meaning as in paragraph 1 of the Treaty. (Métis de la Rivière Rouge)
Red River Métis law has the meaning assigned by the definition Red River Métis Law in paragraph 1 of the Treaty. (loi des Métis de la Rivière Rouge)
tax treatment agreement has the meaning assigned by the definition Tax Treatment Agreement in paragraph 1 of the Treaty. (accord sur le traitement fiscal)
Treaty means the Red River Métis Self-Government Recognition and Implementation Treaty, signed on behalf of the Red River Métis and His Majesty in right of Canada on November 30, 2024, as amended from time to time in accordance with its provisions. (traité)
Treaty
Status
3. For greater certainty, the Treaty is a treaty within the meaning of sections 25 and 35 of the Constitution Act, 1982.
Given effect
4(1). The Treaty is approved, given effect and declared valid and has the force of law.
Rights and obligations
4(2). For greater certainty, a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Treaty and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Treaty.
Binding
4(3). For greater certainty, the Treaty is binding on, and may be relied on by, all persons and bodies.
Treaty prevails
5(1). In the event of an inconsistency or conflict between the Treaty and this Act or any other federal law, the Treaty prevails to the extent of the inconsistency or conflict.
Act prevails
5(2). In the event of an inconsistency or conflict between this Act or any other federal law, this Act prevails to the extent of the inconsistency or conflict.
Taxation
Tax treatment agreement
6. The tax treatment agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect.
Clarification
7. The tax treatment agreement does not form part of the Treaty, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982.
General
Judicial notice — Treaty and tax treatment agreement
8(1). Judicial notice must be taken of the Treaty and the tax treatment agreement.
Publication
8(2). The Treaty and the tax treatment agreement must be
published by the King's Printer.
Evidence
8(3). A copy of the Treaty or the tax treatment agreement published by the King's Printer is evidence of the Treaty or the tax treatment agreement, and of its contents, and a copy purporting to be published by the King's Printer is presumed to be so published unless the contrary is shown.
Judicial notice — Red River Métis law
9(1). Judicial notice must be taken of Red River Métis laws.
Evidence
9(2). A copy of a Red River Métis law purporting to be deposited in the public registry referred to in paragraph 57 of the Treaty is evidence of that law and of its contents unless the contrary is shown.
Judicial review
10. The Federal Court may undertake judicial review of an administrative decision taken by the Manitoba Métis Federation in the exercise of a statutory power of decision under a Red River Métis law, provided that all procedures for appeal or review applicable to that decision and set out in a Red River Métis law have been exhausted.
Statutory Instruments Act
11. Neither Red River Métis laws nor any instruments made under the Treaty are statutory instruments within the meaning of the Statutory Instruments Act.
Orders and regulations
12(1). The Governor in Council may make any orders and regulations that the Governor in Council considers necessary for the purpose of carrying out any of the provisions of the Treaty, this Act, the tax treatment agreement or any other agreement related to the implementation of the Treaty.
Collaboration
12(2). The Governor in Council must ensure that the Manitoba Métis Federation has a meaningful opportunity to collaborate in the policy development leading to the making of the regulations under subsection (1).
Transitional Provision
Actions and decisions deemed valid
13. Any action taken or decision made by the Manitoba Métis Federation before the day on which the treaty came into force is deemed to have been validly taken or made under the Treaty to the extent that the action taken or decision made would have been valid under the Treaty.
Consequential Amendments
R.S., c. A-1
Access to Information Act
14. Subsection 13(3) of the Access to Information Act is amended by adding the following after paragraph (h.1):
- (h.2) the Manitoba Métis Federation, as defined in section 2 of the Red River Métis Self-GovernmentRecognition and Implementation Treaty Act;
R.S., c. P-21
Privacy Act
15(1). Paragraph 8(2)(f) of the Privacy Act is amended by adding the following after subparagraph (vii.1):
- (viii) the Manitoba Métis Federation, as defined in section 2 of the Red River Métis Self-Government Recognition and Implementation Treaty Act;
15(2) Subsection 8(7) of the Act is amended by adding the following after paragraph (h.1):
- (h.2) the Manitoba Métis Federation, as defined in section 2 of the Red River Métis Self-Government Recognition and Implementation Treaty Act;
16. Subsection 19(1) of the Act is amended by adding the following after paragraph (e.1):
- (e.2) the Manitoba Métis Federation, as defined in section 2 of the Red River Métis Self-Government Recognition and Implementation Treaty Act;
Coordinating Amendment
Bill C-10
17. If Bill C-10, introduced in the 1st session of the 45th Parliament and entitled the Commissioner for Modern Treaty Implementation Act, receives royal assent, then, on the first day on which both that Act and section 4 of this Act are in force, the schedule to that Act is amended by adding the following in alphabetical order:
- Red River Métis
- Métis de la Rivière Rouge