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Act (``the other Act'') receives royal assent, then the provisions mentioned in subsections (2) to (16) are amended or repealed as provided in those subsections.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force of section 15 of the other Act and the day on which this Act receives royal assent, section 11 of this Act is repealed.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 day on which this Act receives royal assent and the day on which section 7 of the other Act comes into force , subsection 30(4) of the other Act is replaced by the following:

Commenceme nt of code or law

(4) Subject to subsection 3(2) 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 day on which section 7 of the other Act comes into force

    (a) section 3 of this Act is 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.

Approval of amendments

(2) After the council of a first nation has obtained approval of a financial management and accountability code under subsection (1) and while any local revenue law made by the first nation remains in effect, no amendment to the code comes into force until the later of the day of the coming into force set out in the amendment and the day after 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,

    (b) the first nation adopts regulations referred to in paragraph (a) under section 36 of that Act, and

    (c) the coming into force of a code made by the first nation under section 7 of that Act.

(8) On the latest of the coming into force of section 31 of this Act, the coming into force of subsection 4(4) of this Act and the day on which the other Act receives royal assent, subsection 11(5) of the other Act is replaced by the following:

Exception

(5) A band law referred to in subsection (1) does not apply in respect of any decision from which a right of appeal or review otherwise exists, other than a review under the Federal Courts Act .

(9) On the later of the day on which this Act receives royal assent and the coming into force of subsection 10(3) of the other Act, section 51 of this Act is amended by adding the following after subsection (6):

Sharing of information

(7) On assuming third-party management of a first nation's local revenues, if the Minister is exercising powers under subsection 10(3) of the First Nations Governance Act, the Board may disclose to the Minister any information regarding the first nation's local revenues that the Board considers advisable.

(10) If section 149 of this Act is not in force on the day on which section 51 of the other Act comes into force, then, on that day, section 149 of this Act is repealed.

(11) On the later of the coming into force of section 51 of this Act and the day on which the other Act receives royal assent, section 10 of the other Act is amended by adding the following after subsection (3):

Exception

(4) An assessment referred to in subsection (3) and any remedial measures referred to in that subsection do not extend to a local revenue law made, or a local revenue account established, under the First Nations Fiscal and Statistical Management Act.

Notice to Minister

(5) Where the Minister undertakes an assessment under subsection (3) in respect of a band that is a borrowing member as defined in subsection 2(1) of the First Nations Fiscal and Statistical Management Act, the Minister shall advise the First Nations Financial Management Board of that fact.

Sharing of information

(6) In exercising the Minister's powers under subsection (3), if the First Nations Financial Management Board is also exercising powers under section 50 or 51 of the First Nations Fiscal and Statistical Management Act, the Minister may disclose to the Board any information regarding the first nation's financial position that the Minister considers advisable.

(11.1) If section 150 of this Act is not in force on the day on which section 54 of the other Act comes into force, then, on that day, section 150 of this Act is replaced by the following:

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

150. Section 83 of the Act is repealed.

(12) On the later of the coming into force of section 150 of this Act and the day on which the other Act receives royal assent, section 14 of the other Act is replaced by the following:

Limitation of liability

14. No civil proceedings lie against a member of a council or an employee of a band for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, in accordance with this Act, the Indian Act, regulations made under either Act, a code or a band law made under this Act.

(12.1) If section 54 of the other Act is not in force on the day on which section 150 of this Act comes into force, then, on that day, section 54 of the other Act is replaced by the following:

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

54. Section 83 of the Act is repealed.

(13) On the later of the coming into force of section 44 of the other Act and the coming into force of section 150 of this Act, 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), paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b).

(14) On the latest of the coming into force of section 53 of the other Act, the coming into force of section 55 of the other Act and the coming into force of section 150 of this Act, the heading after section 80 of the Indian Act is repealed.

(15) On the later of the coming into force of section 56 of the other Act and the coming into force of section 152 of this Act, section 88 of the Indian 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, the First Nations Fiscal and Statistical Management Act or the First Nations Governance Act, or any order, rule, regulation, band law 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.

Coming into Force

Coming into force

155. The provisions of this Act, other than section 154, come into force on a day or days to be fixed by order of the Governor in Council.