Bill C-428

Indian Act Amendment and Replacement Act

An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement

This bill was tabled by Rob Clarke on June 5, 2012.

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How does a bill become a law?

Don’t trust Schoolhouse Rock – that’s for Americans. To become a law, a bill in the Canada’s Parliament needs to go through the following steps, and pass when voted on during each step:

  • It all starts with the first reading, when the bill is introduced.
  • Next comes the second reading, when other MPs or Senators get to debate the bill.
  • After that, the bill goes to a committee that studies and amends it line-by-line. Once they finish, the bill goes returns to the House or Senate for the report stage, where anyone can propose amendments.
  • The third reading is the moment of truth: no more changes, just a debate and a final vote on whether or not the bill should pass.
  • If a bill makes it through all of those steps – in both the House of Commons and Senate – it’s ready to get Royal Assent and become a law.

Status of this Bill

Introduction and First Reading

Activity Feed

  • Photo of Blake Richards
    Blake Richards spoke about Government Orders > First Nations Elections Act

    Mr. Speaker, in an ideal world, there would be no need for debate on this bill. The outdated and paternalistic elements of the Indian Act governing first nations elections would no longer have any effect, because first nations would be universally self-governing. That is the goal we are all working toward. ... more

    June 17, 2013,   Parliament
  • Photo of Jean Crowder
    Jean Crowder spoke

    Thank you, Madam Chair. ... more

    May 7, 2013,   Parliament
  • Photo of Chris Warkentin
    Chris Warkentin spoke about Routine Proceedings > Committees of the House > Aboriginal Affairs and Northern Development

    Mr. Speaker, I have the honour to present, in both official languages, the sixth report of the Standing Committee on Aboriginal Affairs and Northern Development, entitled Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement. The committee has studied the bill and has decided to report the bill back to the House with amendments.

    May 3, 2013,   Parliament
  • Photo of Rob Clarke
    Rob Clarke spoke

    It's that Bill C-428 in clause 4 be amended by replacing line 19 on page 2—

    May 2, 2013,   Parliament
  • Photo of Jean Crowder
    Jean Crowder spoke

    Thank you. ... more

    May 2, 2013,   Parliament
  • Chief Robert Louie spoke

    That's a good question, Mr. Clarke. ... more

    May 2, 2013,   Parliament
  • Chief Robert Louie spoke

    If we're talking specifically about the special reserves under section 36 of the Indian Act, I know there are complications with that. There are historic issues that relate to how special reserves have been set up. We know there are court decisions, particularly out of British Columbia, that say a special reserve cannot be created without the consent of the crown. We know there are certain advantages of special reserves. I think the concern we have is that if Bill C-428 were to kill that option, there could be some unintended consequences. ... more

    May 2, 2013,   Parliament
  • Chief Robert Louie (Chief, Westbank First Nation, and Chairman, First Nations Lands Advisory Board) spoke

    As chairman of our Lands Advisory Board, I thank you, Mr. Chairman and honourable members of the committee, for providing me time to respond to Mr. Clarke's private member's bill, Bill C-428. ... more

    May 2, 2013,   Parliament
  • Photo of Chris Warkentin

    Colleagues, I call this meeting to order. This is the 71st meeting of the Standing Committee on Aboriginal Affairs and Northern Development. Today we continue our review of Bill C-428. ... more

    May 2, 2013,   Parliament
  • Chief Perry Bellegarde spoke

    Totally. I don't see the connection at all and that's why I'm questioning this. That's why my position would be to scrap this Bill C-428 and start fresh with the process that's been outlined. That's where we need to go, looking at new mechanisms with full support from the Prime Minister's Office, looking at new institutions of the crown through the Privy Council Office to implement section 35 in treaties, and respect that nation-to-nation relationship. That's where we need to keep going.

    April 30, 2013,   Parliament
  • Chief Perry Bellegarde spoke

    No. No, I was not consulted on this bill. ... more

    April 30, 2013,   Parliament
  • Mr. Paul Chartrand (Professor of Law (retired), As an Individual) spoke

    Thank you, Mr. Chairman. I will begin by offering my greetings to the committee. Thank you for inviting me to appear. ... more

    April 30, 2013,   Parliament
  • Photo of Chris Warkentin

    Colleagues, I call this meeting to order. ... more

    April 30, 2013,   Parliament
  • Mr. Kelly Tailfeathers spoke

    I'd like to respect our fellow first nations for all being here today. ... more

    April 25, 2013,   Parliament
  • Chief James Plewak spoke

    You may wonder what all this history has to do with why we are here on Bill C-428. It is because if you do not understand this history, verified by your documents, you will not understand our fierce opposition to your bill. ... more

    April 25, 2013,   Parliament
  • Mr. Wab Kinew spoke

    Okay, thank you. ... more

    April 25, 2013,   Parliament
  • Chief Roland Twinn spoke

    I'm going to speak more on the process as the question. The bill contemplates that the minister will make reports to the House of Commons and will consult with those who are willing and with “organizations”. Then I go back to the point that the organizations are not the proper authorities to be dealing with legislation that affects the treaty rights of the first nations peoples. ... more

    April 23, 2013,   Parliament
  • Chief Roland Twinn spoke

    Thank you. ... more

    April 23, 2013,   Parliament
  • Photo of Chris Warkentin

    Thank you. ... more

    April 23, 2013,   Parliament
  • Mr. Christopher Devlin spoke

    The bylaw-making power isn't being changed. What's being changed is the minister's ability to disallow a bylaw made under section 81 of the Indian Act. So the chief and council would still be able to make amendments to bylaws, repeal bylaws, make new ones. Bill C-428 isn't proposing to change the actual power to make bylaws. It's just proposing to change—

    April 23, 2013,   Parliament
  • Photo of Stella Ambler

    Fair enough. ... more

    April 23, 2013,   Parliament
  • Photo of Stella Ambler

    Thank you. ... more

    April 23, 2013,   Parliament
  • Photo of Jean Crowder
    Jean Crowder spoke

    Thank you, Mr. Chair. ... more

    April 23, 2013,   Parliament
  • Mr. Christopher Devlin (Executive Member, National Aboriginal Law Section, Canadian Bar Association) spoke

    Thank you. ... more

    April 23, 2013,   Parliament
  • Ms. Tamra Thomson (Director, Legislation and Law Reform, Canadian Bar Association) spoke

    Thank you, Mr. Chair and honourable members. We are very pleased to appear before this committee today on behalf of the Canadian Bar Association. We represent over 37,000 members across Canada. The statement that you have received from us was prepared by the aboriginal law section, which includes lawyers from across Canada with expertise in all areas of aboriginal law. ... more

    April 23, 2013,   Parliament
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