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Bill C-41 · 40th Parliament · Stephen Harper

Maanulth First Nations Final Agreement Act

An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts

Government bill. Became law.

Indigenous rights

  1. IntroducedJune 15, 2009
  2. Debated in principleJune 16, 2009
  3. Studied by a committeeDone
  4. Passed its first chamberJune 16, 2009
  5. Passed the second chamberJune 17, 2009
  6. Became lawJune 18, 2009

Leading supporters

Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.

  1. Stephen HarperPrime Minister
  2. Gerry St. GermainSenate · Sponsor in the Senate
  3. John DuncanThe member speaks in support of the bill as landmark legislation implementing a historic accord.
  4. Marc LemayThe member notes all parties agreed to pass the bill quickly to enable the first nations to organize their territory.
  5. Todd RussellThe member states their party's strong support and describes meeting the chiefs with optimism about the agreement.
  6. The Deputy SpeakerThe speaker announces the bill's passage by deeming all stages completed and the motion agreed to.
  7. Jean CrowderThe member expresses pleasure in addressing the bill and describes it as the culmination of a long positive journey for the nations.

Who carries this bill

Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.

Gerry St. GermainSponsor in the Senate

What it set out to do

The Library of Parliament does not prepare Legislative Summaries for bills that implement treaties, conventions, agreements or administrative arrangements bills. The following is a short summary: On 15 June 2009, The Minister of Indian Affairs and Northern Development introduced Bill C-41, An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts (Maanulth First Nations Final Agreement Act), in the House of Commons and it was given first reading. The Maanulth First Nations Final Agreement includes roughly 24,550 hectares of land, and a capital transfer of $73.1 million for the five First Nations provided over a 10 year period. These costs will be shared by provincial and federal governments. The Final Agreement defines the Maanulth First Nations’ rights regarding self-government and the ownership and management of lands and resources, including rights with respect to the harvest of fish and wildlife.

Summary by the Library of Parliament.

Where members stand

For it 5

Voted for it, or spoke in support

Challenging it 0

Support only with changes, or serious objections raised in debate

    Against it 0

    Voted against it and argued against it

      How it changed on the way

      43% of the text as introduced was changed or removed by the time it became law (2,378 words introduced, 2,203 passed).

      minor changeintent kept

      The bill passed with only procedural updates to reflect royal assent three days after introduction. Substantive provisions on the treaty, lands, taxation, fisheries and consequential amendments remained unchanged.

      • Header updated from first reading to chapter and assent details.
        Before: “C-41 Second Session, Fortieth Parliament, 57-58 Elizabeth II, 2009 HOUSE OF COMMONS OF CANADA BILL C-41 An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts FIRST READING, JUNE 15, 2009”
        After: “Second Session, Fortieth Parliament, 57-58 Elizabeth II, 2009 STATUTES OF CANADA 2009 CHAPTER 18 An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts ASSENTED TO 18th JUNE, 2009”

      How precisely it is written

      55VaguePrecise

      mixedChallenging the law: HardDisputing a charge: Moderate

      The Act uses defined terms and cross-references to specific paragraphs and chapters of the external Agreement for most substantive rules, creating objective triggers such as the effective date and fixed 14-day notice periods. However, it delegates broad authority to the Governor in Council and leaves key content outside the statute itself.

      Open to argument

      • “The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agree”
        Uses subjective 'necessary for the purpose' standard without limits or defined criteria.
      • “unless the court or tribunal authorizes a shorter period.”
        Leaves timing requirement open to discretionary judicial shortening without statutory guidance.

      Clear-cut

      • “at least 14 days before the day of argument”
        Sets a fixed, objective minimum notice period.
      • “deemed to have effect as of December 9, 2006”
        Provides a specific calendar date rather than a flexible standard.
      • “dated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 16 and 17 of the Agreement.”
        Creates a direct, non-discretionary appropriation tied to named chapters.

      Discretion. The Governor in Council holds open-ended power to issue any orders or regulations needed to implement the Agreement, and courts or tribunals may shorten the statutory 14-day notice period.

      Challenging the law itself. The Act implements a treaty and land-claims agreement under section 35 of the Constitution Act, 1982, so vagueness or overbreadth claims would face high barriers.

      Disputing a charge under it. Because many obligations are defined only by reference to the external Agreement, parties could dispute applicability or scope without the full text being before the decision-maker.

      Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.

      Did it work?

      no evaluation found

        Who lobbied on it

        No lobbying registration naming this bill is loaded.

        Stages and dates from LEGISinfo.