Commissioner for Modern Treaty Implementation Act

Bill C-10, Commissioner for Modern Treaty Implementation Act · Third reading · now at committee in the Senate Where it stands

What Bill C-10 would do

The bill would create the role of Commissioner for Modern Treaty Implementation along with an office to support the position. The commissioner would review and audit federal institutions to examine how they carry out modern treaties. The bill would also make related changes to other federal laws.

Official text (opens in a new tab)

35 statements

Karim Bardeesy, Parliamentary Secretary to the Minister of Industry

Liberal
“This bill helps us follow our treaties better. That creates more certainty for the economy. I want my colleague to explain more about how following these treaties helps the economy.”
Official Hansard

Madam Speaker, I very much appreciated my colleague’s speech. He made a very important point that I am going to ask him to elaborate on now, which is that this bill has the prospect of not only improving our treaty relationships and improving the likelihood of really good adherence to treaties, but also creating more economic certainty. If we have adherence to treaties that have an economic dimension, that means an accountability function through Parliament allows more potential certainty with respect to the underlying economic relations of the treaty. I am wondering if my colleague could elaborate on that.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bill. Modern treaties help our society and our economy. This bill will hold governments accountable and make sure we keep our promises.”
Official Hansard

Madam Speaker, I appreciate the question because it allows me to amplify that modern-day treaties can have such a huge, positive impact, not only from a social perspective, but also from an economic perspective. When we take a look at Bill C-10 and put it into the larger picture of what we have been trying to accomplish over the 18 months since the last election in building a stronger and healthier Canadian economy, Bill C-10 plays an important role. This is because it would ensure not only that we would be meeting an obligation to the different stakeholders, but that this government and future governments would be held to account and have more transparency and would live up to modern-day treaties. In my opinion, it is a win-win situation. We just need the legislation to pass.

Marc Dalton, Pitt Meadows—Maple Ridge

Conservative
“This bill just creates more government waste. Six different government groups already monitor treaty implementation. I want the member to explain why we need another commissioner to do the exact same job.”
  • A repeated line

    “The assessment of modern treaty implementation office.”

    Said 3 times by 2 members since September 21.

    Every time it was said
Official Hansard

Madam Speaker, I hardly agree with the parliamentary secretary about this being good from an economic perspective, but I guess it is good from the economic perspective of bureaucrats and bloated government. I wonder if he is aware of the six separate entities specifically designed to monitor, support and ensure treaty implementation. He can nod if he knows these ones: the modern treaty implementation office, the assessment of modern treaty implications office, the performance management framework, the modern treaty management environment, the deputy ministers’ oversight committee and the reconciliation secretariat. I am wondering if the member could elaborate on these other aspects that are about doing the same job.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal

Linked statement

“We should pass this bill. It creates an independent commissioner to hold the government accountable, just like the Auditor General does.”
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Official Hansard

Madam Speaker, let us follow the same logic and principle and apply it to the Auditor General of Canada. Much of the work done by the Auditor General of Canada is done in different ways by different departments. Would the member be advocating that we get rid of the Auditor General of Canada because it is a huge bureaucracy? I suspect not, or at least I would hope not. At the end of the day, the difference is that this would be an independent agent of Parliament. That is the significant difference. I would ask the member opposite whether he believes that independent agents of Parliament provide a worthwhile service to the House of Commons and to Parliament. I would argue they do.

Elizabeth May, Saanich—Gulf Islands

Green
“The government took too long to bring this bill back after it died in the last Parliament. Also, the Ksi Lisims energy project is run by a Texas company that will keep the profits, not an Indigenous project.”
Official Hansard

Madam Speaker, there are two quick points I wish to make to the hon. member for Winnipeg North. This bill was originally tabled as Bill C-77. It was introduced long ago in the previous Parliament and died on the Order Paper when the previous prime minister, Justin Trudeau, prorogued. I wrote the Prime Minister on March 9, after he became Prime Minister in 2025, and said that a lot of bills died on the Order Paper and that we should get them back. The government waited a long time to introduce this one. My colleague from Winnipeg Centre is not here, but when she speaks of ignoring treaty rights and when government members keep telling us that Ksi Lisims is an indigenous project, please know, as the member for Winnipeg North must know, that it is a project being promoted by a Texas-owned company. It is the primary proponent and will make the money out of the project. We respect that there is an agreement with the Nisga’a nation, but it is a Texas project called Ksi Lisims.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the House to pass this bill. It is hard to pass laws without a majority, but the Prime Minister wants all parties to work together. It is good to see other parties support this bill.”
Official Hansard

Madam Speaker, I am going to allude to an answer I provided a little earlier regarding Bill C-10, because the leader of the Green Party is right that it was a part of the agenda in a previous government. In minority situations, it can be even more of a challenge trying to get legislation through the House, as she would know. Given that there is a majority government, I can tell the leader of the Green Party that we have a Prime Minister who still wants to see collaboration in the House. That is why in my opening comments I talked about it being encouraging to see, whether it is the leader of the Green Party, the New Democrats or the Bloc, a recognition of the value of this particular piece of legislation. It is the Prime Minister’s will to see it pass.

Billy Morin, Edmonton Northwest

Conservative
“I support modern treaties and Indigenous self-government, but I do not support this bill as it is written. It creates another Ottawa office that writes reports without the power to fix problems. The government already ignores reports on drinking water and health care. This new commissioner cannot handle 30 different treaties alone. Unless we change this bill to force the government to actually take action and follow through on treaties, it should not pass.”
Official Hansard

Madam Speaker, I will share my time with my colleague from Pitt Meadows—Maple Ridge. I rise today to speak on Bill C-10 and the important question of how Canada honours its modern treaties and self-government agreements with indigenous peoples. Let me begin by making something very clear. Conservatives support modern treaties and self-government agreements. We believe these agreements can provide certainty, establish clear legal relationships, recognize indigenous jurisdiction and create stronger foundations for economic development and self-determination. For generations, the relationship between first nations and the federal government has been shaped by the Indian Act. It has created dependency, bureaucracy and a system in which too many decisions affecting indigenous communities remain concentrated in Ottawa. Modern treaties and self-government agreements offer a different path. They can establish defined rights and responsibilities between indigenous governments and the Crown. They can provide greater certainty for communities, governments, investors and Canadians. They can support indigenous nations in exercising greater control over their own affairs. From our perspective, that is the direction we should be working toward: less dependency on federal bureaucracy, greater Indigenous self-government and legally defined relationships that deliver results. The question before us is whether Bill C-10, as designed, would meaningfully advance those objectives, or would it create another federal office, another reporting structure and another process that does not adequately address the root causes of the problems? In my opinion, this legislation does nothing more than create more ineffective processes posed as solutions in Ottawa, away from the communities that have been waiting for the government to fulfill the spirit and intent of treaty-making. The government has told us that the legislation is intended to create a credible, effective, sustainable and independent oversight mechanism. This is an important objective, but Parliament has a responsibility to ask whether the proposed powers will be sufficient to achieve it. The bill would give the commissioner the discretion to conduct reviews and performance audits, establish priorities and prepare reports. The commissioner would have to submit final reports to the Speakers of both Houses, and those reports would be referred to a parliamentary committee. As a first-time MP, I have now witnessed multiple Auditor General reports on the shortcomings of indigenous relations with government. The government response is the same: minuscule and meaningless. That raises a serious question. Will this office have the power to drive results, or will it primarily document failures and report them to Parliament? Reporting is important, and transparency matters, but reporting alone does not guarantee that a treaty obligation will be fulfilled. The historic treaties that are over 150 years old can attest to this. We have seen this challenge in other areas of indigenous services. Consider the Auditor General’s work on access to safe drinking water in first nations communities. In 2021, the Auditor General reported that Indigenous Services Canada was not on track to eliminate all long-term drinking water advisories by March 2021, which is another failed Liberal promise. The audit identified concerns involving support to communities; funding for infrastructure, operations and maintenance; and the non-existence of an appropriate regulatory framework. Only five years later, after striking out on Bill C-61 because they called an election, are the Liberals addressing these concerns with legislation that is “watered down,” according to chiefs. These are clearly not the actions of a government that takes accountability reports seriously. In 2025, the Auditor General’s follow-up examined the implementation of recommendations from six earlier audits covering programs including primary health care, emergency management and safe drinking water. The follow-up found that Indigenous Services Canada made poor progress on many recommendations, even getting worse on some measurements. These reports demonstrate why Parliament must distinguish between accountability processes and the achievement of outcomes. The lesson is not that audits have no value but that audits must lead to action. When a government department receives recommendations, Canadian and indigenous communities deserve to know what will change, who is responsible and when the work will be completed. The same principle should apply to modern treaty implementation. If the commissioner identifies a recurring failure, what happens next? Will the responsible department be required to produce a corrective action plan? Will the minister be expected to explain delays? Will Parliament be able to follow up on unresolved findings? These are not abstract questions. They go directly to the credibility of the proposed institution. This raises more questions on how this legislation lacks real teeth. How would this legislation and the commissioner’s office deal with the diversity and complexity of modern treaties? I seriously fear that the legislation would set up a parliamentary institution to fail because it lacks the foresight and legitimacy to deal with the root issues. The government has indicated that the co-development process involved all 30 indigenous modern treaty partners. That is good, but that demonstrates the breadth of the relationships that the proposed office would need to understand. Modern treaties are not identical documents. They reflect different histories, negotiations, geographical circumstances, governance structures and arrangements between indigenous governments and the Crown. Some contain detailed provisions regarding lands and resources. Others include self-government arrangements and distinct institutional responsibilities. The bill gives the commissioner discretion to establish their own priorities and determine the number and frequency of reviews, performance audits and briefings conducted annually. This would create a practical challenge. How could one commissioner meaningfully determine the priorities across such a wide range of treaty obligations and indigenous governments? Which treaty partner would receive attention first? How would competing concerns be evaluated? What would happen when a matter is urgent to one indigenous government but is not identified as a priority by the commissioner? What would happen when overlapping interests in land between indigenous communities comes into conflict? Would the commissioner’s office be able to intervene on such things? Modern treaties operate on the principle of cross-ministry implementation. How can one ill-defined commissioner’s office meaningfully navigate a 345,000-member public service system across dozens of ministries and hundreds of departments? That is a recipe for failure. The legislation would do little to to ensure that this discretion does not undermine treaty-specific arrangements or leave important implementation problems without timely attention. A strong oversight framework needs transparent criteria for establishing priorities. It should also provide meaningful opportunities for treaty partners to identify concerns and request reviews. Conservatives believe in a strong future for first nations and indigenous peoples. We believe in self-government. We believe in modern treaties. We believe that clear legal relationships between indigenous governments and the Crown can provide certainty, support economic development and strengthen self-determination. We believe that the Indian Act should not be the permanent foundation of Canada’s relationship with indigenous peoples. The goal should be to support indigenous nations in exercising greater control over their own affairs with legally defined relationships and practical mechanisms for resolving disputes and fulfilling obligations. Bill C-10 should be evaluated against those objectives. If Parliament is going to establish an oversight office, it should ensure that the office has a clear and effective mandate. That includes transparent criteria for selecting review priorities, meaningful involvement of modern treaty partners, public reporting on unresolved implementation problems, clear expectations for the government’s responsive and corrective action, and regular review of the office’s effectiveness and costs. These are measures that could help strengthen accountability while respecting the distinct legal arrangements established by modern treaties. Let me conclude by returning to the principle that should guide this debate. Modern treaties are about relationships, rights, responsibilities and the future of indigenous nations and Canada. They are not simply administrative agreements to be reviewed by federal officials. They are legal commitments that require serious implementation. Support for modern treaties must also mean demanding that the federal government honour its obligations. Bill C-10 provides insufficient accountability on whether its proposed commissioner could effectively address the diversity of modern treaties and whether the office would produce meaningful results for treaty partners. Let us in this House continue to work toward a relationship between indigenous nations and Canada built on respect, certainty, responsibility and self-government, not one based on, arguably, the bare minimum in legislation that actually takes time and energy away from doing the work of building up the implementation of treaties. We cannot measure success simply by the number of audits completed or reports tabled. We must measure success by whether the treaty commitments are fulfilled by the government and treaty negotiators themselves.

Doug Eyolfson, Winnipeg West

Liberal
“This bill will be useful because more than 30 modern treaty partners helped write it. We must listen to them.”
Official Hansard

Madam Speaker, I would like to thank the hon. member for acknowledging how listening to our treaty partners is essential for reconciliation. This legislation was developed with the help of over 30 modern treaty partners. How can the member say that the legislation would not be useful in helping to resolve problems with modern treaties when so many modern treaty partners helped develop this bill?

Billy Morin, Edmonton Northwest

Conservative
“I support passing this bill because First Nations worked hard on it. But it only does the bare minimum. It should go further and create less bureaucracy.”
  • A repeated line

    “After 11 years of the Liberal government.”

    Said 25 times by 19 members since April 30.

    Every time it was said
Official Hansard

Certainly, Madam Speaker, I acknowledge the years of work from those nations that have gone into this. However, I think that after 11 years of Liberal government, they have been beaten down so much that the bare minimum actually sounds great to a lot of people. We can look at the water legislation. It has come back to the table, as was indicated earlier, and their latest complaint is that the legislation has completely ignored first nations’ consultation over the last year. For this one, just to get it over the finish line, I get where the nations are coming from, but it could go further. It could go to a lot less meaningless bureaucracy at the end of the day.

Grant Jackson, Brandon—Souris

Conservative
“The member for Winnipeg West says there was not enough consultation on this bill. I want the member for Edmonton Northwest to share his view on this, given his experience as a former First Nation chief.”
Official Hansard

Madam Speaker, it is a pleasure to be back and a pleasure to see you in the chair. I wonder if my colleague from Edmonton would mind giving his perspective. The member for Winnipeg West just spoke about the lack of consultation with treaty partners. I thought the question was a little bizarre coming from the member for Winnipeg West, given the member from Edmonton’s history as a proud chief of his first nation and his relationship with the federal government and the Crown over the course of his service in that role. I wonder if the member for Edmonton Northwest could give a little bit more clarity for the member from Winnipeg on this topic.

Billy Morin, Edmonton Northwest

Conservative
“I oppose this bill. Existing treaty commissioners do nothing to help the government keep its promises, which has led to record numbers of land claims and lawsuits. This new office will not be any different.”
Official Hansard

Madam Speaker, today’s discussion primarily revolves around modern treaties, but I actually come from the historic treaties. It is Treaty 6’s 150th anniversary this year. In fact, in Saskatchewan and Manitoba, they have treaty commissioners. I understand there was some minimal engagement with the design of those offices, but today those offices do nothing themselves to serve the treaty obligations in terms of meaningful impact. We are seeing historic record numbers of land claims, historic record numbers of lawsuits against the government, because of a lack of actual substance in these commissioners’ offices. I do not see anything different with this one, despite a lot of the work that has gone into it.

Mario Beaulieu, La Pointe-de-l'Île

Bloc Québécois
“My colleague seems worried this bill will only lead to reports instead of real action, because it has no way to enforce its rules. Can he give an example of how we could make the bill stronger?”
Official Hansard

Madam Speaker, from what I understand from my colleague’s remarks, he is afraid that the legislation will result in reports but no concrete action and thinks that it lacks sufficient teeth or enforcement mechanisms to ensure that results are achieved. Could he give me an example of something that could really strengthen the bill?

Billy Morin, Edmonton Northwest

Conservative
“I do not support this bill. The government needs to fix the negotiators inside its own departments, not create a new office that is set up to fail.”
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Official Hansard

Madam Speaker, the government’s principal direction with this legislation is a little misguided, or a lot misguided. There are commissioners negotiating and treaty negotiators within the departments themselves. I just visited a nation this summer that said it was insulted by the government sending a young, first-time public servant, and I feel sorry for that public servant, but it was an insult to those nations. I think the government should be concentrating on the department negotiators themselves, rather than a mechanism it knows is set up for failure to ultimately hold it accountable, which is going to go nowhere.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want the member to explain how this bill stops the government from keeping its promises. Having an independent person track and report on these promises is a good thing.”
Official Hansard

Madam Speaker, the member talked about meeting and honouring obligations. I wonder if the member can explain to me how Bill C-10 would prevent that from happening. I see it as a strong positive to have an independent agent of Parliament who is tracking those obligations and then reporting them, as an independent. I would think that would be a positive.

Billy Morin, Edmonton Northwest

Conservative
“How will this commissioner actually force the government to follow treaties? Past watchdog reports have not made the government act, and people are still filing record numbers of land claims and lawsuits over it.”
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Official Hansard

Well, Madam Speaker, I would pose a question back. How would it actually lead to obligation in the action of the government to implement those treaties? Again, Auditor General reports and other reports have not led to that obligation, that action. We have record numbers of land claims and lawsuits against the government because of its lack of action, so I would flip the question back to the member.

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