Regulations

Regulations

137. The Governor in Council may make regulations

    (a) prescribing anything that is to be prescribed under subsection 18(3) or 39(2) or section 114; and

    (b) prescribing the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute in respect of liabilities referred to in subsection 131(1).

Regulations

138. For the purpose of enabling an aboriginal group that is not a band as defined in subsection 2(1) of the Indian Act but is a party to a treaty, land claims agreement or self-government agreement with Canada to benefit from the provisions of this Act or obtain the services of any body established under this Act, the Governor in Council may make such regulations as the Governor in Council considers necessary, including regulations

    (a) adapting any provision of this Act or of any regulation made under this Act; and

    (b) restricting the application of any provision of this Act or of any regulation made under this Act.

PART 8

TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

ITAB employees

139. (1) Persons who are employed by the Indian Taxation Advisory Board at the time that the First Nations Tax Commission is established shall be offered employment with the Commission, at the same salary and with equivalent terms and conditions of employment.

Interim rules of procedure

(2) Until new rules are established by the First Nations Tax Commission, the Commission shall conduct itself in accordance with the rules of procedure established by the Indian Taxation Advisory Board.

Continuation of directors

140. Persons who are directors of the First Nations Finance Authority Inc., a corporation incorporated under the Canada Business Corporations Act, on the day on which section 56 comes into force shall continue as directors of the First Nations Finance Authority until new directors are elected.

Continuation of existing by-laws

141. (1) By-laws made under section 83 of the Indian Act that are in force on the day on which section 150 comes into force are deemed to be laws made under section 4 or 8, as the case may be, to the extent that they are not inconsistent with section 4 or 8, and remain in force until they are repealed or replaced.

Amendment of existing by-laws

(2) For greater certainty, subsections 4(2) to (7) and 8(2) and (3) apply to amendments of by-laws referred to in subsection (1).

Existing financial administration by-laws

142. Section 3 does not apply to a first nation that, immediately before the coming into force of that section, had in place a by-law made under section 83 of the Indian Act respecting the administration of its finances.

Review and evaluation

143. Within seven years after the day on which this Act receives royal assent, the Minister, after consultation with the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute, shall review the provisions and operation of this Act and the operations of those institutions, and submit a report to each House of Parliament on that review, including any changes that the Minister recommends relating to the evolution of the mandate and operation of those institutions.

Consequential Amendments

R.S., c. A-1

Access to Information Act

144. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

First Nations Financial Management Board

    Conseil de gestion financière des premières nations

First Nations Statistical Institute

    Institut de la statistique des premières nations

First Nations Tax Commission

    Commission de la fiscalité des premières nations

145. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

First Nations Fiscal and Statistical Management Act

    Loi sur la gestion financière et statistique des premières nations

and a corresponding reference in respect of that Act to ``section 105''.

R.S., c. F-11

Financial Administration Act

146. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order:

First Nations Statistical Institute

    Institut de la statistique des premières nations

1999, c. 24

First Nations Land Management Act

147. Subsection 15(1) of the First Nations Land Management Act is replaced by the following:

Coming into force

15. (1) Subject to subsection 3(3) of the First Nations Fiscal and Statistical Management Act, a land code comes into force and has the force of law on the day it is certified or on any other later date that may be specified in or under the land code, and judicial notice shall thereafter be taken of the land code in any proceedings.

R.S., c. I-5

Indian Act

R.S., c. 48 (4th Supp.), s. 1

148. Section 4.1 of the Indian Act is replaced by the following:

Provisions that apply to all band members

4.1 A reference to an Indian in any of the following provisions is deemed to include a reference to any person whose name is entered in a Band List or who is entitled to have it entered therein: the definitions ``band'', ``Indian moneys'' and ``mentally incompetent Indian'' in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(1) (g) and (h), subsection 74(4), paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b).

149. Subsection 73(1) of the Act is amended by striking out the word ``and'' at the end of paragraph (l), by adding the word ``and'' at the end of paragraph (k) and by repealing paragraph (m).

R.S., c. 17 (4th Supp.), s. 10

150. Sections 83 and 84 of the Act are repealed.

151. The portion of subsection 87(1) of the Act before paragraph (a) is replaced by the following:

Property exempt from taxation

87. (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to laws made under section 4 of the First Nations Fiscal and Statistical Management Act , the following property is exempt from taxation:

152. Section 88 of the Act is replaced by the following:

General provincial laws applicable to Indians

88. Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal and Statistical Management Act, or with any order, rule, regulation or law of a first nation made under those Acts , and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts .

R.S., c. P-21

Privacy Act

153. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ``Other Government Institutions'':

First Nations Financial Management Board

    Conseil de gestion financière des premières nations

First Nations Statistical Institute

    Institut de la statistique des premières nations

First Nations Tax Commission

    Commission de la fiscalité des premières nations

Coordinating Amendments

Bill C-7

154. (1) If Bill C-7, introduced in the 2nd session of the 37th Parliament and entitled the First Nations Governance Act (``the other Act'') receives royal assent, then the provisions mentioned in subsections (2) to (16) are amended or repealed as provided in those subsections.

(2) On the later of the day on which this Act receives royal assent and the coming into force of the definition ``council'' in subsection 2(1) of the other Act, the definition ``council'' in subsection 2(1) of this Act is replaced by the following:

``council''
« conseil de la première nation »

``council'' has the same meaning as in subsection 2(1) of the First Nations Governance Act.

(3) On the later of the coming into force of section 15 of the other Act and the day on which this Act receives royal assent, section 11 of this Act is repealed.

(4) On the later of the coming into force of subsection 12(3) of this Act and the day on which the other Act receives royal assent, paragraph 7(g) of the other Act is replaced by the following:

    (g) subject to subsection 12(3) of the First Nations Fiscal and Statistical Management Act, the management of and limitations on the band's deficit; and

(5) On the later of the coming into force of paragraph 4(1)(a) of this Act and the day on which the other Act receives royal assent, subsection 6(3) of the other Act is replaced by the following:

Enactment of laws

(3) An administration of government code must include rules respecting the development, making and registration of band laws made under this Act and the development and making of laws under section 4 of the First Nations Fiscal and Statistical Management Act and, in particular, rules

    (a) requiring, subject to section 5 of the First Nations Fiscal and Statistical Management Act, reasonable public notice of a proposed law in order to enable members of the band and residents of the reserve to comment on it before it is made;

    (b) prescribing the procedure for the making of band laws by the council; and

    (c) respecting the maintenance of the band registry required by subsection 30(1).

(6) On the later of the coming into force of paragraph 4(1)(a) of this Act and the day on which the other Act receives royal assent, subsection 30(4) of the other Act is replaced by the following:

Commenceme nt of code or law

(4) Subject to subsection 3(4) of the First Nations Fiscal and Statistical Management Act, a code or a band law made under this Act comes into force at the beginning of the day following the day it is deposited in the band's registry, or at such later time as is specified in the code or law.

(7) On the later of the day on which this Act receives royal assent and the coming into force of section 7 of the other Act,

    (a) subsections 3(1) to (3) of this Act are replaced by the following:

Financial management and accountability codes

3. (1) The council of a first nation that has made a financial management and accountability code under the First Nations Governance Act shall not make a law under subsection 4(1) unless that code has been approved by the First Nations Financial Management Board.

Natural resource revenues

(2) The council of a first nation that has made general rules and procedures respecting revenues from natural resources obtained from first nation land under the First Nations Land Management Act shall not make a law under subsection 4(1) unless those rules and procedures have been approved by the First Nations Financial Management Board.

Approval of amendments

(3) After the council of a first nation has obtained approval of a financial management and accountability code under subsection (1) or approval of rules and procedures under subsection (2), while any local revenue law made by the first nation remains in effect, an amendment to the code or to the rules and procedures, as the case may be, does not have any force or effect until it is approved by the First Nations Financial Management Board.

    (b) paragraph 4(1)(d) of this Act is replaced by the following:

    (d) respecting the borrowing of money from the First Nations Finance Authority, including any authorization to enter into a particular borrowing agreement with that Authority, in accordance with any rules established by the first nation under paragraph 7(f) of the First Nations Governance Act;

    (c) subsection 4(9) of this Act is replaced by the following:

Statutory Instruments Act

(9) The Statutory Instruments Act does not apply in respect of local revenue laws.

    (d) section 8 of this Act is repealed;

    (e) subsection 29(4) of this Act is replaced by the following:

Registry

(4) The Commission shall maintain a registry of every law approved by it under this section.

    (f) paragraph 53(1)(a) of this Act is repealed;

    (g) paragraph 53(2)(a) of this Act is repealed;

    (h) subsection 53(4) of this Act is replaced by the following:

First Nations Gazette

(4) All standards established by the Board under subsection (1) shall be published in the First Nations Gazette.

    (i) section 141 of this Act is replaced by the following:

Continuation of existing by-laws

141. (1) By-laws made under section 83 of the Indian Act, other than by-laws respecting financial administration, that are in force on the day on which section 150 comes into force are deemed to be laws made under section 4, to the extent that they are not inconsistent with that section, and remain in force until they are repealed or replaced.

Amendment of existing by-laws

(2) For greater certainty, subsections 4(2) to (7) apply to any amendments to by-laws referred to in subsection (1).

    (j) this Act is amended by adding the following after section 142:

142.1 A law made by a first nation under section 8 prior to the repeal of that section is deemed to remain in force until, and to be repealed on, the earliest of

    (a) the day on which regulations made under section 32 of the First Nations Governance Act that provide for matters in respect of which a code may be adopted under section 7 of that Act take effect,