SUMMARY

Short Title

Short title

1 This Act may be cited as the National Council for Reconciliation Act.

Interpretation

Definitions

2 (1) The following definitions apply in this Act.

Council means the corporation incorporated as a result of the sending of the articles of incorporation and other documents referred to in section 3.‍ (Conseil)

governments means the Government of Canada and provincial, local and Indigenous governments. (gouvernements)

Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982.‍ (peuples autochtones)

Minister means the Minister of Crown-Indigenous Relations. (ministre)

transitional committee means the National Council for Reconciliation Transitional Committee established by the Minister under section 19 of the Department of Crown-Indigenous Relations and Northern Affairs Act.‍ (comité de transition)

Act prevails

(2) In the event of any inconsistency between this Act and the Canada Not-for-profit Corporations Act, or anything issued, made or established under that Act, this Act prevails to the extent of the inconsistency.

Establishment

Sending of articles of incorporation

3 One of the members of the transitional committee authorized to do so by the committee must send to the Director, as defined in subsection 2(1) of the Canada Not-for-profit Corporations Act, articles of incorporation and the other documents that are required under that Act to effect the incorporation of the Council.

Not agent of Her Majesty

4 The Council is not an agent of Her Majesty in right of Canada nor is it, for greater certainty, an entity governed by the Financial Administration Act.

Qualified donee

5 The Council is deemed to be a qualified donee within the meaning of the Income Tax Act.

Purpose and Functions

Purpose

6 The purpose of the Council is to advance efforts for reconciliation with Indigenous peoples.

Functions

7 In carrying out its purpose, the Council is to

• (a) develop and implement a multi-year national action plan to advance its efforts for reconciliation;

• (b) monitor and conduct research on the progress being made towards reconciliation in all sectors of Canadian society and by all governments in Canada, including efforts to implement the Truth and Reconciliation Commission of Canada’s Calls to Action;

• (c) conduct research on promising practices that advance efforts for reconciliation in all sectors of Canadian society, by all governments in Canada and at the international level;

• (d) monitor policies and programs of the Government of Canada, and federal laws, that affect Indigenous peoples;

• (e) recommend measures to promote, prioritize and coordinate efforts for reconciliation in all sectors of Canadian society and by all governments in Canada;

• (f) educate the public about Indigenous peoples’ realities and histories and advocate for reconciliation in all sectors of Canadian society and by all governments in Canada; and

• (g) stimulate innovative dialogue, thought and action on reconciliation.

Board of Directors

First board of directors

8 The persons whose names are set out in the notice of directors sent under section 3 are to be selected by the Minister in collaboration with the transitional committee, taking into account sections 9, 11 and 13 and the nominations referred to in subsection 10(1).

Composition

9 The Council’s board of directors is to be composed of a minimum of nine and a maximum of 13 directors.

Nominations

10 (1) The board of directors is to include

• (a) one director who may only be elected after having been nominated by the Assembly of First Nations;

• (b) one director who may only be elected after having been nominated by Inuit Tapiriit Kanatami; and

• (c) one director who may only be elected after having been nominated by the Métis National Council.

Vacancy — nominated directors

(2) If there is a vacancy among the directors referred to in paragraphs (1)‍(a) to (c), the remaining directors may exercise all the powers of the directors if the number of directors on the Council’s board of directors constitutes a quorum.

Application process

(3) The other directors are to be elected following an application process established by the board of directors.

Indigenous persons

11 At least two thirds of the directors must be Indigenous persons.

Representativeness

12 Beginning on the fifth anniversary of the day on which the Council is incorporated, the Council’s board of directors must, to the extent possible, include representation from

• (a) First Nations, Inuit and the Métis;

• (b) other peoples in Canada;

• (c) Indigenous organizations, as defined in section 2 of the Department of Indigenous Services Act;

• (d) youth, women, men and gender-diverse persons; and

• (e) various regions of Canada, including urban, rural and remote regions.

Knowledge and experience

13 Each director must have knowledge and experience with respect to matters related to Indigenous peoples and other matters related to the Council’s purpose.

Term of office

14 Directors are to hold office for any term of not more than four years that will ensure as far as possible the expiry in any one year of the terms of office of not more than one third of the directors. A director is eligible to serve for a maximum of two terms.

Election

15 Despite subsection 128(3) of the Canada Not-for-profit Corporations Act, and subject to section 8, each director is to be elected by a special resolution, as defined in subsection 2(1) of that Act, of the members of the Council.

Disclosure of Information

Protocol

16 The Minister must, in collaboration with the Council, develop a protocol respecting the disclosure by the Government of Canada to the Council of information that is relevant to the Council’s purpose.

Annual Report

Contents

17 (1) The Council must, within six months after the end of each financial year, submit to the Minister an annual report setting out

• (a) the state of reconciliation, including the progress being made towards reconciliation in all sectors of Canadian society and by all governments in Canada; and

• (b) the Council’s recommendations respecting measures to promote, prioritize and coordinate efforts for reconciliation in all sectors of Canadian society and by all governments in Canada.

Tabling in Parliament

(2) The Minister must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.

Government response

(3) Within 120 days after the day on which the report under subsection (2) is laid, the Minister must, on behalf of the Government of Canada, respond to the matters addressed by the report that are under the jurisdiction of Parliament by publishing an annual report on the state of Indigenous peoples that outlines the Government of Canada’s plans for advancing reconciliation.

Financial Report

Contents

18 (1) Within six months after the end of each financial year, the Council must make public

• (a) the documents and information that are required to be placed before the members of the Council under section 172 of the Canada Not-for-profit Corporations Act; and

• (b) a detailed statement of the Council’s investment activities during that year, its investment portfolio as at the end of that year and its management of funds that it has received during the year.

Audit engagement

(2) The comparative financial statements referred to in paragraph 172(1)‍(a) of the Canada Not-for-profit Corporations Act must be subject to an audit engagement.

Dissolution

Distribution of property

19 In the case of dissolution of the Council under Part 14 of the Canada Not-for-profit Corporations Act, any property remaining on liquidation after the discharge of any liabilities of the Council, other than property referred to in section 234 of that Act, is to be distributed to one or more qualified donees, within the meaning of the Income Tax Act, specified by the Minister, that have a similar purpose to the Council.

Coming into Force

Order in council

20 This Act comes into force on a day to be fixed by order of the Governor in Council.