Order Fixing July 2, 2024 as the Day on Which the National Council for Reconciliation Act Comes into Force: SI/2024-31
Canada Gazette, Part II, Volume 158, Number 14
Registration
SI/2024-31 July 3, 2024
NATIONAL COUNCIL FOR RECONCILIATION ACT
Order Fixing July 2, 2024 as the Day on Which the National Council for Reconciliation Act Comes into Force
P.C. 2024-813 June 21, 2024
Her Excellency the Governor General in Council, on the recommendation of the Minister of Crown-Indigenous Relations, under section 20 of the National Council for Reconciliation Act, chapter 8 of the Statutes of Canada, 2024, fixes July 2, 2024 as the day on which that Act comes into force.
EXPLANATORY NOTE
(This note is not part of the Order.)
Proposal
This Order fixes July 2, 2024, as the day on which the National Council for Reconciliation Act (the Act) comes into force.
Objective
The objective of the Order is to fix July 2, 2024, as the day on which the Act comes into force. The purpose of the Act is to provide for the establishment of a National Council for Reconciliation (the Council), which will provide oversight and monitor progress on reconciliation across Canada in all sectors, and support sustained action on long-term reconciliation.
Background
In December 2015, the Prime Minister committed to implement the Truth and Reconciliation Commission’s 94 Calls to Action. This commitment was reaffirmed in the 2019 to 2021 Speeches from the Throne. The Minister of Crown-Indigenous Relations’ most recent mandate letter indicates that the Minister is responsible for leading the work of all ministers to accelerate implementation of the Calls to Action and rethink how to accelerate closing the gaps that First Nations, Inuit and Métis communities face today.
The Act, which received royal assent on April 30, 2024, directly responds to Call to Action 53, which calls upon the Government of Canada, in consultation with Indigenous peoples, to enact legislation to establish a national council for reconciliation. The Act also positions the Government of Canada to address Calls to Action 54, 55 and 56, which relate to funding, information disclosure and reporting for the National Council for Reconciliation.
The Act provides for the establishment of a National Council for Reconciliation as an independent, non-political, permanent and Indigenous-led institution. The Council will monitor, evaluate and report annually on the Government of Canada’s progress towards reconciliation and on the progress being made towards reconciliation across all levels of government in Canada and sectors of Canadian society, including progress made towards the implementation of the Truth and Reconciliation Commission’s Calls to Action.
The Act also provides for the set-up of the Council and ensures the stability of its mandate, functions and governance over time. Budget 2019 allocated $125 million for an endowment for the Council and $1.5 million for its initial operations.
In order for the Council to be established, as required by the Act, it must first be incorporated under the Canada Not-for-profit Corporations Act.
Disclosure of information
The Act requires, within six months after the Council incorporates, the development of a protocol respecting the disclosure by the Government of Canada to the Council for information that is relevant to the Council’s purpose. The protocol must allow, to the extent possible, the Council to receive all the information it judges relevant to complete its functions and achieve its mandate.
Annual reporting requirements
The Act establishes reporting requirements for the Council and the Government of Canada. These requirements are designed to ensure that the Council has a powerful platform for communicating with the Government of Canada and Canadians regarding progress towards reconciliation across all levels of government in Canada and sectors of Canadian society.
Financial reports
The Act obliges the Council, on an annual basis, to make public the documents and information required by the Canada Not-for-profit Corporations Act, and a detailed statement of the Council’s investment activities during the year, its investment portfolio at the end of that year, and its management of funds received during the year. The information required by the Canada Not-for-profit Corporations Act must be subject to audit.
Report of the Minister
The Minister of Crown-Indigenous Relations, within six months after March 31 of each year, is required to submit to the Council an annual report setting out the progress made in closing the gaps for areas identified in Call to Action 55. This report will provide information on Indigenous children in care; a comparison of the funding for the education of Indigenous children on and off reserves; educational and income attainments of Indigenous and non-Indigenous persons; health indicators; Indigenous children in youth custody; the progress made on reducing the rate of criminal victimization of Indigenous persons; and, the progress made on reducing the over-representation of Indigenous persons in the justice and correctional systems.
Report of the Council and Government of Canada response
The Council, on an annual basis, is required to submit an annual report to the Minister of Crown-Indigenous Relations setting out the state of reconciliation, including the progress being made towards reconciliation across all levels of government in Canada and sectors of Canadian society, and the Council’s recommendations respecting measures to promote, prioritize and coordinate reconciliation in all sectors of Canadian society and by all governments in Canada. This report is required to be tabled by the Minister in both Houses of Parliament. The Government of Canada is required to respond to the matters addressed by the Council’s annual report that are under the jurisdiction of Parliament by publishing an annual report on the state of Indigenous peoples, outlining the Government of Canada’s plans for advancing reconciliation.
Implications
This Order makes it clear when the Act comes into force, providing legal certainty to affected stakeholders relating to the establishment of the Council. This will include monitoring, evaluating, and reporting annually on the Government of Canada’s progress towards reconciliation to ensure that government accountability for reconciling the relationship between Indigenous peoples and the Crown is maintained in the coming years.
This Order aligns with the Government of Canada’s commitments towards Indigenous partners and public confidence in advancing reconciliation efforts. It will allow for the Council to be incorporated as a not-for-profit organization. This organizational status under the Canada Not-for-profit Corporations Act is required to receive its operational and endowment funding to commence its work, as mandated in the legislation.
This Order and the Act will support the vision of the Truth and Reconciliation Commission over time, ensuring the voices of the survivors of residential schools and their families will not be lost over the lifespan of the Council.
Consultation
The Indigenous-led Interim Board (December 2017 to June 2018), and the Indigenous-led Transitional Committee (December 2021 to present), carried out engagements regarding the creation of a National Council for Reconciliation. The Interim Board members were appointed by Governor in Council to define the scope and scale of the Council’s mandate. The Transitional Committee was appointed by the Minister of Crown-Indigenous Relations to continue to advance work on the Council, including making recommendations to ensure a strong legislative framework. The recommendations of both bodies to the Minister of Crown-Indigenous Relations informed the development of the legislation.
During its engagement event held in Ottawa in April 2018, the Interim Board met with diverse stakeholders and obtained their views on the vision, mandate and scope of a national council for reconciliation, as well as their views on implementation. The engagement event included Indigenous community members, academics, business, arts and health professionals and other interested parties.
Building on the Interim Board’s research work and engagement activities, targeted engagement with Indigenous and non-Indigenous technical experts were conducted by the Indigenous-led Transitional Committee and focused on elements such as governance, finances, legal issues, data, and other operational topics in March 2022. Feedback and advice were received in areas such as reconciliation, law, data, organizational finances, information sharing, governance and accountability.
Contact
Eileen Marthiensen
Acting Director
Reconciliation Secretariat
Policy and Strategic Direction
Crown-Indigenous Relations and Northern Affairs Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H4
Telephone: 873‑355‑9799
Email: eileen.marthiensen@rcaanc-cirnac.gc.ca