Bill S-16: An Act respecting the recognition of the Haida Nation and the Council of the Haida Nation

Short title 1 This Act may be cited as the Haida Nation Recognition Act . Definitions 2 The following definitions apply in this Act. Council of the Haida Nation  means the government of the Haida Nation recognized under paragraph 3 (b). ( Conseil de la Nation haïda ) Haida Nation  means the collectivity of Haida citizens referred to in Article 2 of the Constitution of the Haida Nation. ( Nation haïda ) Secretariat of the Haida Nation  means the administrative body of the Council of the Haida Nation that is registered as a society incorporated under the Societies Act , S.B.C. 2015, c. 18, immediately before the day on which section 4 of the Haida Nation Recognition Act , S.B.C. 2023, c. 24, comes into force.  ( Secrétariat de la Nation haïda ) Recognition 3 The Government of Canada recognizes that (a) the Haida Nation holds inherent rights of governance and self-determination; and (b) the Council of the Haida Nation is the government that is authorized to act on behalf of the Haida Nation. Powers 4 In accordance with the Constitution of the Haida Nation, the Haida Nation exercises its governing powers through the Council of the Haida Nation. Capacity, rights, powers and privileges 5 The Council of the Haida Nation is a legal entity and has the capacity, rights, powers and privileges of a natural person. Immunity — representatives and public officials 6 (1) No action or other proceeding for damages lies or may be instituted against a representative of the Haida Nation or a public official for anything done or omitted to be done in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function unless it is established that the person acted in bad faith. Vicarious liability — Council and Haida Nation (2) Subsection (1) does not absolve the Council of the Haida Nation or the Haida Nation from vicarious liability arising out of anything done or omitted to be done by a representative of the Haida Nation or a public official in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, for which the Council of the Haida Nation or the Haida Nation would be liable if that subsection were not in force. Vicarious liability — public entities (3) Subsection (1) does not absolve a body, board, commission or corporate entity referred to in paragraph (a) of the definition of public official in subsection (4) from vicarious liability arising out of anything done or omitted to be done by a public official in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, for which that body, board, commission or corporate entity would be liable if that subsection were not in force. Definitions (4) The following definitions apply in this section. public official  means (a) a director, officer, commissioner, trustee or employee of the Council of the Haida Nation or an appointee of the Council of the Haida Nation or of a body, board, commission or corporate entity established by the Council of the Haida Nation that delivers public services and programs; (b) any person, including a volunteer, who participates in the delivery of public services and programs under the supervision of a person referred to in paragraph (a) or a representative of the Haida Nation; or (c) an election official appointed by the Council of the Haida Nation. ( titulaire de charge publique ) representative of the Haida Nation  means a person who is identified as an elected representative and referred to in Article 5.S3 of the Constitution of the Haida Nation or who is identified as a hereditary chief and referred to in Article 5.S7 of that constitution. ( représentant de la Nation haïda ) Orders and regulations 7 The Governor in Council may make any orders and regulations that are necessary for the purpose of this Act. Interests, obligations, etc. vested or transferred 8 On the day on which section 4 of the Haida Nation Recognition Act , S.B.C. 2023, c. 24, comes into force (a) all interests, assets, properties and tenures of the Secretariat of the Haida Nation vest in the Council of the Haida Nation; and (b) all obligations and liabilities of the Secretariat of the Haida Nation are transferred to the Council of the Haida Nation. Continuation of agreements 9 An agreement entered into by the Secretariat of the Haida Nation and on behalf of His Majesty in right of Canada before the day on which section 4 of the Haida Nation Recognition Act , S.B.C. 2023, c. 24, comes into force continues in force in accordance with its terms as if it were entered into by the Council of the Haida Nation. Continuation of legal arrangements 10 Nothing in this Act affects the legal arrangements between His Majesty in right of Canada and the Skidegate Band Council and Old Massett Village Council or the members of Skidegate and Old Massett Village Council bands.