Bill C-391: An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property

Bill C-391 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading Second Reading Third Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content Short Title Interpretation National Strategy on Indigenous Human Remains and Cultural Property Repatriation Report and publication Review and report First Session, Forty-second Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-391 An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property AS PASSED BY THE HOUSE OF COMMONS February 19, 2019 421487 SUMMARY This enactment provides for the development and implementation of a national strategy to enable the return of Indigenous human remains and cultural property to the Indigenous peoples of Canada. Available on the House of Commons website at the following address: www.ourcommons.ca 1st Session, 42nd Parliament, 64-65-66-67-68 Elizabeth II, 2015-2016-2017-2018-2019 HOUSE OF COMMONS OF CANADA BILL C-391 An Act respecting a national strategy for the repatriation of Indigenous human remains and cultural property 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 Indigenous Human Remains and Cultural Property Repatriation Act. Interpretation Definition of Minister 2 In this Act, Minister means the Minister of Canadian Heritage. National Strategy on Indigenous Human Remains and Cultural Property Repatriation National strategy 3 The Minister, in cooperation with representatives of First Nations, Inuit and Métis peoples of Canada, and of the provinces and territories, in accordance with the United Nations Declaration on the Rights of Indigenous Peoples, including Article 31 of that text, must develop and implement a comprehensive national strategy to promote and support the return of Indigenous human remains and cultural property, wherever situated, to the Indigenous peoples of Canada. The strategy must include measures that seek to (a) implement a mechanism by which any First Nation, Inuit or Métis community or organization may acquire or reacquire Indigenous human remains or cultural property; (b) encourage owners, custodians or trustees of Indigenous human remains or cultural property to return such material to Indigenous peoples and support them in the process; (c) support the recognition that preservation of Indigenous human remains and cultural property and of access to that material for educational and ceremonial purposes are principles of equal importance; (d) encourage consideration of traditional ways of knowing rather than relying on strict documentary evi­dence in relation to the repatriation of Indigenous human remains and cultural property; and (e) resolve any conflicting claims to Indigenous human remains or cultural property, whether within or between Indigenous communities or organizations, in a manner that is respectful of Indigenous traditional processes and forms of ownership and that allows claimants to be self-represented. Report and publication Report to Parliament 4 (1) Within three years after the day on which this Act comes into force, the Minister must prepare a report setting out the national strategy and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Publication of report (2) The Minister must publish the report on the Department of Canadian Heritage website within 10 days after the day on which the report is tabled in Parliament and ensure its dissemination to First Nations, Inuit and Métis communities and organ­izations in Canada. Review and report Review and report 5 (1) Within two years after the tabling of the report referred to in section 4, the Minister must prepare a report on the effectiveness of the national strategy. The report must include the Minister’s conclusions and recommendations regarding the strategy and any outcomes that result from its implementation and it may include appropriate information on repatriated Indigenous human remains and cultural property and any repatriation efforts currently under way. Tabling of report (2) The Minister must cause the report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Published under authority of the Speaker of the House of Commons Publication Explorer Publication Explorer ParlVU