🍁 civid v1

Purpose and scope

• The bill would create an independent Commissioner for Modern Treaty Implementation and an office to support them. The commissioner would assess federal institutions’ activities related to implementing modern treaties.
• It covers treaties with Indigenous peoples that came into force after 1974, as well as related implementation agreements, including associated self-government agreements.
• It affects federal government institutions and the Indigenous modern treaty partners named in the bill’s schedule. Partners could refer matters to the commissioner and participate in consultations and reviews.

Commissioner and oversight

• The commissioner could conduct reviews and performance audits, set their own priorities and recommend changes. Reviews and audits would not replace treaty dispute-resolution processes or reviews specifically provided for in treaties or related instruments.
• The commissioner would have broad access to relevant information from federal institutions and could require information, reports and explanations. Security and confidentiality rules would apply.
• Federal institutions reviewed would have to respond to preliminary findings and recommendations by a deadline set by the commissioner. Relevant Indigenous partners could respond; responses received on time would be included in the final report.
• Final review and audit reports would go to both Houses of Parliament. The commissioner would also submit annual reports and could submit urgent special reports.
• The commissioner would be appointed after consultations with Indigenous partners and parliamentary leaders, and approval by both Houses. A term could last up to seven years, with one reappointment.

Other provisions and existing law

• The bill would require consultation with Indigenous modern treaty partners on government proposals to amend the Act. The government could also change the schedule of partners by order, following specified consultations.
• Regulations could be made to carry out the Act. The commissioner and Indigenous partners must have a meaningful opportunity to collaborate on the policy development leading to regulations.
• The bill would provide witness, good-faith liability and defamation protections for the commissioner and people acting for them.
• Consequential amendments would add the office or commissioner to schedules in the Access to Information Act, Financial Administration Act, Privacy Act and Public Service Superannuation Act, and add the office to a provision of the Official Languages Act.

Deadlines and costs

• Reports generally must be tabled within the next 15 sitting days after receipt by the relevant Speaker or minister.
• An independent review of the Act and office would be required within five years of the relevant provision coming into force, and every seven years thereafter. A parliamentary review would be required within 10 years and before each subsequent 10th anniversary.
• The bill provides for a paid commissioner, staff, expenses and temporary specialist assistance. It recommends an appropriation of public revenue but gives no cost estimate.