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Bill C-23

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Notice of meeting

(2) An institution shall, at least 30 days before the annual meeting, publish a notice in a major newspaper setting out the time and location of the meeting and specifying that the institution's annual report may be accessed on an Internet website to be maintained by the institution.

Availability to public

(3) At the annual meeting, the board of directors shall ensure

    (a) that there are available a sufficient number of copies of the institution's most recent annual report for those present at the meeting; and

    (b) that the chief executive officer and the commissioners or directors of the institution are available to those present at the meeting to answer any questions about the institution's operations.

PART 7

PROVISIONS OF GENERAL APPLICATION

General

Conflict of interest

130. (1) No person who is appointed to, or is employed by, a commission, board, authority or institute established under this Act shall be appointed to, or be employed by, any other commission, board, authority or institute established under this Act.

Conflict of interest

(2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person's duties or take part in any matter involving the commission, board, authority or institute in which that person has an interest.

Conflict of interest

(3) All persons appointed to a commission, board or institute established under this Act shall comply with the Conflict of Interest and Post-Employment Code for Public Office Holders, issued by the Office of the Ethics Counsellor, as amended from time to time, as though they were public office holders as defined in that Code.

Liability of Her Majesty

131. (1) No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Statistical Institute arising from its exercise of, or its failure to exercise, any of the powers or functions of that Commission, Board, Authority or Institute, as the case may be, including any claim against the First Nations Tax Commission as an agent of Her Majesty in right of Canada.

Insurance required

(2) The First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 137(b).

No appropriation

132. No payment to the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Statistical Institute may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board, Authority or Institute to satisfy any claim referred to in subsection 131(1).

No compensation

133. No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada, or from the First Nations Tax Commission, for any acquired, vested or future right, or for any prospect of such a right, that is affected by a law approved by the First Nations Tax Commission under subsection 29(3), or for any duty or liability imposed on that person as a result of such a law.

Limit of liability

134. No civil proceedings lie against a commissioner or employee of the First Nations Tax Commission, or any director or employee of the First Nations Financial Management Board or First Nations Statistical Institute, 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, of that person in accordance with this Act.

Limit of liability

134.1 No civil proceedings lie against a member of a council or an employee of a first nation for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power, or the performance or purported performance in good faith of any duty, of that member or employee in accordance with this Act, regulations made under this Act or a law made by the council of a first nation under this Act.

Conflict with other laws

135. (1) In the event of a conflict between a local revenue law and an Act of Parliament or any regulations made under an Act of Parliament or a code made by a first nation under another Act of Parliament, the Act, regulations or code prevails to the extent of the conflict.

Conflict with other first nation laws

(2) In the event of a conflict between a law made by a first nation under this Act and a law, other than a code, made by the first nation under another Act of Parliament, the law made by the first nation under this Act prevails to the extent of the conflict.

Official languages

136. (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission and First Nations Statistical Institute.

Official languages

(2) Where there is a significant demand for services in a particular official language, the First Nations Financial Management Board and First Nations Finance Authority shall offer services in that language.

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.

Regulations

138.1 The Governor in Council may make regulations

    (a) prescribing anything that is to be prescribed for the purposes of paragraph 72(b); and

    (b) adapting or restricting any provision of this Act or of any regulation made under this Act for the purposes of paragraph 72(b).

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 by-laws

142. (1) 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.

Borrowing member

(2) Despite subsection (1), section 3 applies to a borrowing member.

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 106''.

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

147. [Deleted]

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(1)

150. (1) Paragraph 83(1)(a) of the Act is repealed.

R.S., c. 17 (4th Supp.), s. 10(2)

(2) Subsection 83(1) of the Act is amended by adding the word ``and'' at the end of paragraph (c) and by repealing paragraphs 83(1)(e) to (g).

R.S., c. 17 (4th Supp.), s. 10(3)

(3) Subsection 83(3) of the Act is repealed.

R.S., c. 17 (4th Supp.), s. 10(3)

(4) Subsections 83(5) and (6) of the Act are repealed.

150.1 Section 84 of the Act is 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