An Act respecting the Department of Indigenous Services
Department of Indigenous Services Act
I-7.8829, s. 3362019
[Enacted by section 336 of chapter 29 of the Statutes of Canada, 2019, in force July 15, 2019.]
Preamble
Whereas the Government of Canada is committed to
achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership,
promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and
implementing the United Nations Declaration on the Rights of Indigenous Peoples;
And whereas it is appropriate to establish a Department of Indigenous Services and that the Department, in carrying out its activities,
ensures that Indigenous individuals have access — in accordance with transparent service standards and the needs of each Indigenous group, community or people — to services for which those individuals are eligible,
takes into account socio-economic gaps that persist between Indigenous individuals and other Canadians with respect to a range of matters as well as social factors having an impact on health and well-being,
recognizes and promotes Indigenous ways of knowing, being and doing,
collaborates and cooperates with Indigenous peoples and with the provinces and territories, and
implements the gradual transfer of departmental responsibilities to Indigenous organizations;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1
This Act may be cited as the Department of Indigenous Services Act.
Interpretation
Definitions
2
The following definitions apply in this Act.
Department means the department established under section 3. (ministère)
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone)
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 Indigenous Services. (ministre)
Establishment of Department
Department established
3
There is established a department of the Government of Canada, called the Department of Indigenous Services, over which the Minister presides.
Minister
4
The Minister, appointed by commission under the Great Seal, holds office during pleasure and has the management and direction of the Department.
Deputy Minister
5
The Governor in Council may appoint a Deputy Minister of Indigenous Services to hold office during pleasure and to be the deputy head of the Department.
Powers, Duties and Functions of Minister
Powers, duties and functions
6
(1)
The Minister’s powers, duties and functions extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to the provision of services to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible.
Ministerial duty
(2)
The Minister is to ensure that services with respect to the following matters are provided to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible — including, in the case of Indigenous individuals, services provided by Indigenous governing bodies, if applicable:
(a)
child and family services;
(b)
education;
(c)
health;
(d)
social development;
(e)
economic development;
(f)
housing;
(g)
infrastructure;
(h)
emergency management;
(h.1)
governance; and
(i)
any other matter designated by order of the Governor in Council.
Collaboration and transfer of responsibilities
7
In exercising the powers and performing the duties and functions under this Act, the Minister is to
(a)
provide Indigenous organizations with an opportunity to collaborate in the development, provision, assessment and improvement of the services referred to in subsection 6(2); and
(b)
in accordance with any agreements respecting the transfer of responsibilities that are entered into under section 9, take the appropriate measures to give effect to the gradual transfer to Indigenous organizations of departmental responsibilities with respect to the development and provision of those services.
Limitations
8
For greater certainty, subsection 6(2) and section 7 apply subject to the transfer of responsibilities referred to in paragraph 7(b) and to agreements with Indigenous organizations, including land claims, self-government or self-determination agreements.
Agreements
9
The Minister may enter into agreements with Indigenous organizations and other entities regarding the provision of services referred to in subsection 6(2) and the transfer of responsibilities referred to in paragraph 7(b).
Special representatives
10
(1)
The Minister may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter.
Committees
(2)
The Minister may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1).
Remuneration and expenses
(3)
The Minister is to fix the remuneration and expenses to be paid to special representatives and to committee members.
Provision of services between departments
11
The Department may provide services to and receive services from the Department of Crown-Indigenous Relations and Northern Affairs — including services to support policy and program implementation — as provided in a written agreement between the Minister and the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, as the case may be.
Collection and use of information
12
(1)
The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration.
Disclosure of information
(2)
The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others,
(a)
the Department of Crown-Indigenous Relations and Northern Affairs;
(b)
a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act;
(c)
an Indigenous organization; or
(d)
a not-for-profit entity controlled by Indigenous individuals.
Exceptions related to disclosure
(3)
Paragraphs (2)(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information,
(a)
that is personal information as defined in section 3 of the Privacy Act, unless
(i)
the personal information is publicly available,
(ii)
the individual to whom the personal information relates consents to its disclosure, or
(iii)
the disclosure is for a purpose referred to in any of paragraphs 8(2)(a), (b), (f), (j), (k) or (m) of the Privacy Act;
(b)
that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;
(c)
the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or
(d)
that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.
Support for Indigenous bodies
13
The Minister may support Indigenous bodies that specialize in research or statistics, in relation to their activities involving the collection, analysis, interpretation, publication and distribution of documents, information or data relating to the provision of services to Indigenous individuals.
Delegation
14
The Minister may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, for any period and under any terms that the Minister considers suitable.
Annual report to Parliament
15
The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on
(a)
the socio-economic gaps between First Nations individuals, Inuit, Métis individuals and other Canadians and the measures taken by the Department to reduce those gaps; and
(b)
the progress made towards the transfer of responsibilities referred to in paragraph 7(b).
RELATED PROVISIONS
— 2019, c. 29, s. 338
Minister
338
(1)
Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State styled Minister of Indigenous Services is deemed, as of that day, to be the minister referred to in section 4 of the Department of Indigenous Services Act, as enacted by section 336.
Deputy Minister
(2)
Any person who holds, immediately before the day on which this section comes into force, the office of Special Adviser to the Minister of Indigenous Services, styled as Deputy Minister of Indigenous Services, is deemed to have been appointed on that day under section 5 of the Department of Indigenous Services Act, as enacted by section 336, as the Deputy Minister of Indigenous Services.
Persons who occupy a position
(3)
Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indigenous Services Canada, except that the person, as of that day, occupies or is assigned to their position in the Department of Indigenous Services.
— 2019, c. 29, s. 339
Transfer of appropriations
339
Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indigenous Services Canada and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the public service of Canada within the Department of Indigenous Services.
— 2019, c. 29, s. 340
Validation of acts and decisions
340
Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State styled Minister of Indigenous Services during the period beginning on November 30, 2017 and ending on the day on which section 336 comes into force is deemed, to the extent that it would have been valid under the Department of Indigenous Services Act, as enacted by that section 336, or any other Act of Parliament, to have been validly taken or made under the Department of Indigenous Services Act or that other Act of Parliament, as the case may be.
— 2019, c. 29, s. 345
References — certain agreements
345
(1)
On the day on which section 337 comes into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in a land claims, specific claim or self-government agreement is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations or Department of Crown-Indigenous Relations and Northern Affairs, as the case may be.
References — other documents
(2)
On the day on which both sections 336 and 337 come into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in any contract, instrument or act, agreement — other than an agreement referred to in subsection (1) — or other document is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations, Minister of Northern Affairs, Minister of Indigenous Services, Department of Crown-Indigenous Relations and Northern Affairs or Department of Indigenous Services, as the case may be.
— 2019, c. 29, s. 346
Regulations
346
The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.
Department of Indigenous Services Act
I-7.8829, s. 3362019
[Enacted by section 336 of chapter 29 of the Statutes of Canada, 2019, in force July 15, 2019.]
Preamble
Whereas the Government of Canada is committed to
achieving reconciliation with First Nations, the Métis and the Inuit through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on affirmation and implementation of rights, respect, cooperation and partnership,
promoting respect for the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and
implementing the United Nations Declaration on the Rights of Indigenous Peoples;
And whereas it is appropriate to establish a Department of Indigenous Services and that the Department, in carrying out its activities,
ensures that Indigenous individuals have access — in accordance with transparent service standards and the needs of each Indigenous group, community or people — to services for which those individuals are eligible,
takes into account socio-economic gaps that persist between Indigenous individuals and other Canadians with respect to a range of matters as well as social factors having an impact on health and well-being,
recognizes and promotes Indigenous ways of knowing, being and doing,
collaborates and cooperates with Indigenous peoples and with the provinces and territories, and
implements the gradual transfer of departmental responsibilities to Indigenous organizations;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1
This Act may be cited as the Department of Indigenous Services Act.
Interpretation
Definitions
2
The following definitions apply in this Act.
Department means the department established under section 3. (ministère)
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)
Indigenous organization means an Indigenous governing body or any other entity that represents the interests of an Indigenous group and its members. (organisation autochtone)
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 Indigenous Services. (ministre)
Establishment of Department
Department established
3
There is established a department of the Government of Canada, called the Department of Indigenous Services, over which the Minister presides.
Minister
4
The Minister, appointed by commission under the Great Seal, holds office during pleasure and has the management and direction of the Department.
Deputy Minister
5
The Governor in Council may appoint a Deputy Minister of Indigenous Services to hold office during pleasure and to be the deputy head of the Department.
Powers, Duties and Functions of Minister
Powers, duties and functions
6
(1)
The Minister’s powers, duties and functions extend to and include all matters over which Parliament has jurisdiction — and that are not by law assigned to any other department, board or agency of the Government of Canada — relating to the provision of services to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible.
Ministerial duty
(2)
The Minister is to ensure that services with respect to the following matters are provided to Indigenous individuals who, and Indigenous governing bodies that, are eligible to receive those services under an Act of Parliament or a program of the Government of Canada for which the Minister is responsible — including, in the case of Indigenous individuals, services provided by Indigenous governing bodies, if applicable:
(a)
child and family services;
(b)
education;
(c)
health;
(d)
social development;
(e)
economic development;
(f)
housing;
(g)
infrastructure;
(h)
emergency management;
(h.1)
governance; and
(i)
any other matter designated by order of the Governor in Council.
Collaboration and transfer of responsibilities
7
In exercising the powers and performing the duties and functions under this Act, the Minister is to
(a)
provide Indigenous organizations with an opportunity to collaborate in the development, provision, assessment and improvement of the services referred to in subsection 6(2); and
(b)
in accordance with any agreements respecting the transfer of responsibilities that are entered into under section 9, take the appropriate measures to give effect to the gradual transfer to Indigenous organizations of departmental responsibilities with respect to the development and provision of those services.
Limitations
8
For greater certainty, subsection 6(2) and section 7 apply subject to the transfer of responsibilities referred to in paragraph 7(b) and to agreements with Indigenous organizations, including land claims, self-government or self-determination agreements.
Agreements
9
The Minister may enter into agreements with Indigenous organizations and other entities regarding the provision of services referred to in subsection 6(2) and the transfer of responsibilities referred to in paragraph 7(b).
Special representatives
10
(1)
The Minister may appoint special representatives to provide him or her with advice on any matter relating to his or her powers, duties and functions under this Act or to any other matter relating to this Act, or to represent him or her in the context of, among other things, any consultation or engagement with an Indigenous organization or Indigenous group, community or people with respect to such a matter.
Committees
(2)
The Minister may also establish advisory and other committees to provide him or her with advice on any matter referred to in subsection (1).
Remuneration and expenses
(3)
The Minister is to fix the remuneration and expenses to be paid to special representatives and to committee members.
Provision of services between departments
11
The Department may provide services to and receive services from the Department of Crown-Indigenous Relations and Northern Affairs — including services to support policy and program implementation — as provided in a written agreement between the Minister and the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, as the case may be.
Collection and use of information
12
(1)
The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, collect, analyze and interpret documents, information or data in respect of matters under his or her administration.
Disclosure of information
(2)
The Minister may, in exercising his or her powers and performing his or her duties or functions under this Act, disclose or permit to be disclosed, in whole or in part, those documents and that information or data to, among others,
(a)
the Department of Crown-Indigenous Relations and Northern Affairs;
(b)
a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act or a Crown corporation as defined in subsection 83(1) of that Act;
(c)
an Indigenous organization; or
(d)
a not-for-profit entity controlled by Indigenous individuals.
Exceptions related to disclosure
(3)
Paragraphs (2)(c) and (d) do not apply in respect of any information, or to any documents or data that would reveal any information,
(a)
that is personal information as defined in section 3 of the Privacy Act, unless
(i)
the personal information is publicly available,
(ii)
the individual to whom the personal information relates consents to its disclosure, or
(iii)
the disclosure is for a purpose referred to in any of paragraphs 8(2)(a), (b), (f), (j), (k) or (m) of the Privacy Act;
(b)
that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;
(c)
the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or
(d)
that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.
Support for Indigenous bodies
13
The Minister may support Indigenous bodies that specialize in research or statistics, in relation to their activities involving the collection, analysis, interpretation, publication and distribution of documents, information or data relating to the provision of services to Indigenous individuals.
Delegation
14
The Minister may delegate any of his or her powers, duties and functions under this Act or any other Act of Parliament, except the power to delegate under this section, to the Minister of Crown-Indigenous Relations or the Minister of Northern Affairs, for any period and under any terms that the Minister considers suitable.
Annual report to Parliament
15
The Minister must cause to be tabled in each House of Parliament, within three months after the end of the fiscal year or, if the House is not then sitting, on any of the first 15 days of the next sitting of the House, a report on
(a)
the socio-economic gaps between First Nations individuals, Inuit, Métis individuals and other Canadians and the measures taken by the Department to reduce those gaps; and
(b)
the progress made towards the transfer of responsibilities referred to in paragraph 7(b).
RELATED PROVISIONS
— 2019, c. 29, s. 338
Minister
338
(1)
Any person who holds, immediately before the day on which this section comes into force, the office of Minister of State styled Minister of Indigenous Services is deemed, as of that day, to be the minister referred to in section 4 of the Department of Indigenous Services Act, as enacted by section 336.
Deputy Minister
(2)
Any person who holds, immediately before the day on which this section comes into force, the office of Special Adviser to the Minister of Indigenous Services, styled as Deputy Minister of Indigenous Services, is deemed to have been appointed on that day under section 5 of the Department of Indigenous Services Act, as enacted by section 336, as the Deputy Minister of Indigenous Services.
Persons who occupy a position
(3)
Nothing in this Act is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupies or is assigned to a position in the Department of Indigenous Services Canada, except that the person, as of that day, occupies or is assigned to their position in the Department of Indigenous Services.
— 2019, c. 29, s. 339
Transfer of appropriations
339
Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the expenditures of the public service of Canada within the Department of Indigenous Services Canada and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the public service of Canada within the Department of Indigenous Services.
— 2019, c. 29, s. 340
Validation of acts and decisions
340
Any act taken or decision or determination — including any approval given in relation to the issuance of a licence — made by the person who holds the office of Minister of State styled Minister of Indigenous Services during the period beginning on November 30, 2017 and ending on the day on which section 336 comes into force is deemed, to the extent that it would have been valid under the Department of Indigenous Services Act, as enacted by that section 336, or any other Act of Parliament, to have been validly taken or made under the Department of Indigenous Services Act or that other Act of Parliament, as the case may be.
— 2019, c. 29, s. 345
References — certain agreements
345
(1)
On the day on which section 337 comes into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in a land claims, specific claim or self-government agreement is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations or Department of Crown-Indigenous Relations and Northern Affairs, as the case may be.
References — other documents
(2)
On the day on which both sections 336 and 337 come into force, every reference to the Minister of Indian Affairs and Northern Development or Department of Indian Affairs and Northern Development in any contract, instrument or act, agreement — other than an agreement referred to in subsection (1) — or other document is, unless the context requires otherwise, to be read as a reference to the Minister of Crown-Indigenous Relations, Minister of Northern Affairs, Minister of Indigenous Services, Department of Crown-Indigenous Relations and Northern Affairs or Department of Indigenous Services, as the case may be.
— 2019, c. 29, s. 346
Regulations
346
The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Act.