BILL NO. 394
(as introduced)
1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2023
Private Member's Bill
United Nations Declaration on the Rights of Indigenous Peoples Commitment Act
Lisa Lachance
Halifax Citadel–Sable Island
First Reading: November 1, 2023
Second Reading:
Third Reading:
An Act Respecting
the United Nations Declaration
on the Rights of Indigenous Peoples
WHEREAS the United Nations Declaration on the Rights of Indigenous Peoples was adopted as a resolution by the General Assembly on September 13, 2007;
AND WHEREAS the Government of Canada is a signatory to the Declaration;
AND WHEREAS Nova Scotia is located in Mi'kma'ki and on the unceded, ancestral land of the Mi'kmaq;
AND WHEREAS the Government of Nova Scotia has a role to play in implementing the objectives of the Declaration;
AND WHEREAS there is a responsibility to further reconciliation and address the ongoing legacy of colonialism in Nova Scotia;
AND WHEREAS legislation affecting Indigenous persons must be developed in a process of free, prior and informed consent;
THEREFORE be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the United Nations Declaration on the Rights of Indigenous Peoples Commitment Act.
2 The purpose of this Act is to
(a) affirm the application of the Declaration to the laws of the Province;
(b) contribute to the implementation of the Declaration; and
(c) support the affirmation of, and strengthen relationships with, Indigenous governing bodies.
(a) "action plan" means the action plan prepared pursuant to Section 5;
(b) "Declaration" means the United Nations Declaration on the Rights of Indigenous Peoples;
(c) "Government" means the Government of the Province;
(d) "Indigenous governing body" means an entity that is authorized to act on behalf of Indigenous peoples who hold rights recognized and affirmed by section 35 of the Constitution Act, 1982;
(e) "Indigenous peoples" has the same meaning as "aboriginal peoples of Canada" has in section 35 of the Constitution Act, 1982;
(f) "Minister" means the Minister of L'nu Affairs;
(g) "report" means an annual report prepared pursuant to Section 6;
(h) "statutory power of decision" means a power conferred by an enactment to make a decision respecting
- (i) the rights and obligations of a person, or
(ii) the eligibility of a person to receive or continue to receive a benefit or licence.
(2) The Government shall consider the diversity of the Indigenous peoples in the Province, particularly their distinct languages, culture, customs, rights, legal traditions, governance structures and knowledge systems, in the implementation of this Act.
(3) For greater certainty, nothing in this Act abrogates or derogates from the rights recognized and affirmed by section 35 of the Constitution Act, 1982.
(4) Nothing in this Act is to be construed as delaying the application of the Declaration to the laws of the Province.
4 The Government, in consultation and co-operation with the Indigenous peoples of the Province, shall take all necessary measures to ensure that the laws of the Province are consistent with the Declaration.
5 (1) The Government shall prepare and implement an action plan to achieve the objectives of the Declaration.
(2) The action plan must be prepared and implemented in consultation and co-operation with the Indigenous peoples in the Province.
(3) The action plan must include a deadline on or before which the Government must initiate a review of the action plan.
(4) The Minister shall table the action plan in the House of Assembly within 15 days after it is prepared or, where the Assembly is not then sitting, file it with the Clerk of the Assembly.
(5) The Government may prepare a new action plan in accordance with this Section.
6 (1) The Minister shall, on or before March 31, 2025, and annually thereafter, prepare a report for the preceding 12-month period.
(a) be prepared in consultation and co-operation with the Indigenous peoples in the Province; and
(b) contain the Minister's assessment on the progress that has been made toward implementing the measures referred to in Section 4 and achieving the goals in the action plan.
(3) The Minister shall table the report in the House of Assembly on or before June 30, 2025 and June 30th of each year thereafter or, where the Assembly is not then sitting, file it with the Clerk of the Assembly.
7 Subject to Section 8, a member of the Executive Council may, on behalf of the Government, enter into an agreement for the purpose of this Act with an Indigenous governing body.
8 (1) For the purpose of reconciliation, the Governor in Council may authorize a member of the Executive Council, on behalf of the government, to negotiate and enter into an agreement with an Indigenous governing body relating to
(a) the exercise of a statutory power of decision jointly by
(b) the consent of the Indigenous governing body before the exercise of a statutory power of decision.
(2) A member of the Executive Council authorized under subsection (1) may enter into an agreement without further authorization from the Governor in Council unless the Governor in Council restricts the initial authorization to only the negotiation of the agreement.
(3) Within 15 days of being authorized pursuant to subsection (1), the member of the Executive Council shall publicize a summary of the local governments and other persons the member intends to consult before or during negotiations.
(4) An agreement entered into under subsection (1)
(a) must be published in the Royal Gazette and on the Government's website; and
(b) is not effective until it has been so published or on such later date as specified in the agreement.
(5) For greater certainty, subsection (4) applies to an agreement that amends an agreement entered into under subsection (1).
9 (1) The Governor in Council may make regulations
(a) defining any word or expression used by not defined in this Act;
(b) respecting any matter or thing the Governor in Council considers necessary or advisable to effectively carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority in subsection (1) is a regulation within the meaning of the Regulations Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2023 Crown in right of Nova Scotia. Created November 1, 2023. Send comments to legc.office@novascotia.ca.
