Bill C-16 · 41th Parliament · Stephen Harper
Sioux Valley Dakota Nation Governance Act
An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts
Government bill. Became law.
- IntroducedDec. 5, 2013
- Debated in principleDec. 5, 2013
- Studied by a committeeDone
- Passed its first chamberDec. 5, 2013
- Passed the second chamberMarch 3, 2014
- Became lawMarch 3, 2014
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
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.
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 5 December 2013, the Minister of Aboriginal and Northern Affairs introduced Bill C-16, An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts (Sioux Valley Dakota Nation Governance Act) in the House of Commons and it was given first reading. Sioux Valley Dakota Nation, the Government of Canada and the Government of Manitoba have concluded a self-government agreement. As the next steps, federal and then provincial legislation is needed to bring the agreements into effect. Bill C-16 gives effect to the Governance Agreement with Sioux Valley Dakota Nation. It also makes consequential amendments to other Acts.
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
The texts have not been compared yet.
How precisely it is written
mostly preciseChallenging the law: HardDisputing a charge: Moderate
The Act relies heavily on defined terms taken directly from the Agreement and sets out clear legal effects such as which statutes cease to apply and how laws gain force. However, key implementation powers use subjective language and broad discretion.
Open to argument
“The Governor in Council may make any regulations or orders that the Governor in Council considers necessary for the purpose of carrying out the provisions of the Agreement”
Uses a subjective 'considers necessary' test that leaves the scope open to argument.“On the coming into effect of the Initial Sioux Valley Dakota Nation Land Law, Her Majesty in right of Canada is not liable for damages under subparagraph 3(b)(ii) of the Crown Liability and Proceedings Act in respect No liability of a breach of duty attaching to the ownership, occupation, possession or control of Sioux Valley Dakota Nation Lands.”
The sentence is incomplete and the liability carve-out is tied to an undefined triggering event.
Clear-cut
“The Indian Act ceases to apply to Sioux Valley Dakota Nation, to Sioux Valley Dakota Nation Lands and to persons found on those lands to the extent, in the manner and in the circumstances provided for in the Agree”
Uses objective cross-reference to the Agreement rather than open-ended standards.
Discretion. The Governor in Council holds wide power to make regulations adapting or restricting the First Nations Fiscal Management Act and any other rules needed to implement the Agreement or related agreements.
Challenging the law itself. The Act incorporates a pre-negotiated Agreement with specific notice, judicial-notice and inconsistency rules that limit grounds for facial challenge under vagueness or overbreadth doctrines.
Disputing a charge under it. Many obligations are defined by reference to the Agreement or Sioux Valley Dakota Nation Laws, so disputes would require examining those external documents rather than the Act text alone.
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.