Dear Chiefs and Councillors:
I am pleased to inform you that on June 19, 2013, four key pieces of legislation received Royal Assent, demonstrating our Government's commitment to improving the lives and well-being of Aboriginal peoples and Northerners.
These laws are historic achievements for all of those involved. Together, they deliver real change and improvements for people living in Aboriginal and Northern communities and for First Nation members across Canada.
The Family Homes on Reserves and Matrimonial Interests or Rights Act addresses a long-standing legislative gap that has left individuals, particularly Aboriginal women and children, living on reserve without access to basic legal rights and protections in the event of a death, divorce, or separation as those enjoyed by every other Canadian living off reserve. Under this Act, First Nations can either choose to enact their own laws related to matrimonial real property rights and interests – laws designed to meet their particular needs and respect their particular customs – or they can choose to follow the provisional federal rules. The Government of Canada is creating a Centre of Excellence for Matrimonial Real Property to assist First Nations in the development of their own on-reserve matrimonial real property laws or in the application of the federal rules. A 12-month transition period recognizes that some First Nations are well-advanced in developing their own laws and provides time to do so before the provisional federal rules take effect. The federal rules, once in force, will not apply to First Nations that have enacted their own laws under this Act and First Nations under the First Nation Lands Management Act or negotiated self-government agreements with land management. With this Act our Government is taking steps to ensure that all Canadians, regardless of where they live, have access to matrimonial real property rights.
The Safe Drinking Water for First Nations Act will help to protect the health and safety of First Nation communities by enabling the development of regulations for drinking water and wastewater treatment on First Nation lands. Our Government has committed to working on a region-by-region basis with First Nations, provincial and territorial governments, and other stakeholders, to develop regulations which will build upon and adapt existing provincial/territorial frameworks. Regulations will be phased in over time. This will provide time for the Government and First Nations to bring drinking water and wastewater infrastructure, capacity, and oversight to the level required to meet future federal regulations. As previously stated, the Government recognizes that
First Nation organizations will require support in order to participate and funding will be made available for certain eligible activities.
The Northern Jobs and Growth Act brings increased predictability and efficiency of the regulatory and environmental review processes for major projects in the North. To be competitive in the global economy, northern regulatory processes need to provide for timely, efficient, and effective project reviews, strengthened environmental protection, and respect for Aboriginal consultation obligations. The Northern Jobs and Growth Act is an important step in implementing this approach.
Finally, the Yale First Nation Final Agreement Act, when brought into effect, will include 1,966 hectares of Treaty Settlement Lands, a capital transfer of $10.7 million, along with greater self-sufficiency and decision-making powers through self-government for the Yale First Nation. The Yale First Nation Final Agreement is the third final agreement to be reached under the British Columbia treaty process. The Final Agreement brings certainty to the ownership and use of lands and resources in that area, creates opportunities for the Yale First Nation, and provides predictability for continued development and growth in the province. It demonstrates the Government of Canada's ongoing commitment to resolving land claims throughout the country.
These laws exist today because of the hard work of so many individuals, organizations and Aboriginal leaders and community members, who called for change for so long. I salute all who helped make these laws happen, particularly those who began this journey many years ago.
While the First Nations Elections Act did not receive passage before Parliament adjourned for the summer, it was debated by both the Senate and the House of Commons. It is anticipated that the work on this proposed legislation will continue in the fall. Should it be passed, this legislation will offer a strong, modern, and accessible election system that First Nations can consider and opt into.
If you wish to read the text of these legislative initiatives, I invite you to visit the following websites:
I encourage you to contact Aboriginal Affairs and Northern Development Canada's regional offices for any questions related to the above mentioned legislations. I look forward to continued collaboration with First Nations across Canada.
Sincerely,
Bernard Valcourt, PC, QC, MP
