Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act”.

This enactment amends the First Nations Fiscal Management Act to expand and modernize the mandates of the First Nations Tax Commission and the First Nations Financial Management Board in order to better reflect their current and future activities.

The enactment also establishes a First Nations Infrastructure Institute that will provide First Nations and other interested Indigenous groups and organizations with tools and support, including with respect to best practices, to implement and manage their infrastructure. It also provides First Nations named in the schedule to the First Nations Fiscal Management Act with the power to make laws to regulate services provided by or on behalf of the First Nations.

The enactment also aims to improve the functioning of that Act, including by integrating the content of the Financing Secured by Other Revenues Regulations, by combining into a single fund the debt reserve fund for financing secured by property tax revenues and the debt reserve fund for financing secured by other revenues and by simplifying the way certain Indigenous groups participate in pooled-borrowing.

Finally, the enactment makes consequential amendments to the Access to Information Act and to the Privacy Act and includes a clarification that addresses a transitional administrative oversight that followed the establishment in 2019 of the Department of Crown-Indigenous Relations and Northern Affairs and the Department of Indigenous Services.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

An Act to provide for powers of First Nations Insertion start respecting taxation, financial administration and the provision of services on reserve lands, to facilitate First Nations’ access to financing secured by local revenues or other revenues Insertion end , to Insertion start establish Insertion end a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and Insertion start First Nations Infrastructure Institute Insertion end and to make consequential amendments to other Acts

First Nations Infrastructure Institute means the institute established under subsection 102(1).‍ (Institut des infrastructures des premières nations)

intermediate account means an account established by a First Nation in which other revenues to be used for financing under this Act are deposited and out of which the First Nations Finance Authority is authorized to transfer such revenues to a secured revenues trust account.‍ (compte intermédiaire)

other revenues means

• (a) tax revenues and fees imposed or collected by a First Nation under a law or agreement, other than

  • (i) local revenues, and

  • (ii) revenues from taxes administered by His Majesty in right of Canada on the First Nation’s behalf, including under the First Nations Goods and Services Tax Act, unless an agreement between them specifically permits the use of the revenues as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied;

• (b) royalties payable to a First Nation under the Framework Agreement, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act, or under the First Nations Oil and Gas and Moneys Management Act;

• (c) royalties payable to His Majesty in right of Canada under the Indian Act or the Indian Oil and Gas Act on behalf of a First Nation that has assumed control of its moneys under the First Nations Oil and Gas and Moneys Management Act;

• (d) revenues that are from leases, permits or other instruments or acts authorizing the use of reserve land issued under the Indian Act and that a First Nation has assumed control of under the First Nations Oil and Gas and Moneys Management Act;

• (e) revenues from leases, permits or other instruments or acts authorizing the use of reserve land issued under the Framework Agreement, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act;

• (f) revenues otherwise payable to a First Nation under any agreement with a person other than His Majesty in right of Canada — with the exception of revenues collected by His Majesty in right of Canada on the First Nation’s behalf unless an agreement between them specifically permits their use as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied;

• (g) revenues, other than local revenues, received by a First Nation from businesses wholly or partly owned by it, including dividends from shares owned by it;

• (h) transfers from a provincial, regional, municipal or local government to a First Nation;

• (i) transfers from His Majesty in right of Canada to a First Nation if the agreement governing the transfer specifically permits the use of the transfer as security for a loan referred to in paragraph 74(b) and if any other applicable conditions are satisfied;

• (j) interest earned by a First Nation on deposits, investments or loans, other than interest held by His Majesty in right of Canada on the First Nation’s behalf; and

• (k) revenues prescribed by regulation.‍ (autres recettes)

secured revenues trust account means an account established by the First Nations Finance Authority and a First Nation in which other revenues to be used for financing under this Act are maintained.‍ (compte de recettes en fiducie garanti)

Extended meaning of “borrowing member”

(2.‍1) For the purpose of sections 57, 59, 74, 77, 78, 83 and 84 and paragraph 89(c), borrowing member also means an Indigenous group, other than a band named in the schedule, or an organization referred to in paragraph 50.‍1(1)‍(e) that has been accepted as a borrowing member under a regulation made under section 141 or 141.‍1.

Extended meaning of “borrowing member” — section 61

(2.‍2) For the purpose of section 61, borrowing member also means an Indigenous group, other than a band named in the schedule, that has been accepted as a borrowing member under a regulation made under section 141.

Regulations

(3.‍1) The Governor in Council may make regulations prescribing anything that is to be prescribed under paragraph (k) of the definition other revenues.

Financial administration laws

4 The council of a First Nation may not make a law under paragraph 5(1)‍(d) Insertion start or 8.‍1(1)‍(a) Insertion end until the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)‍(a) and that law has been approved by the First Nations Financial Management Board.

Local revenue laws

5 (1) Subject to sections 4 and 6 and any regulations made under paragraph 36(1)‍(d), the council of a First Nation may make laws

• (d) respecting the borrowing of money from the First Nations Finance Authority Insertion start that is secured by local revenues Insertion end , including any authorization to enter into a particular borrowing agreement with that Authority;

• (e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.‍1), including

• (g) delegating to the First Nations Financial Management Board any of the council’s other powers that are required to give effect to a co-management arrangement entered into under section 52 or to give effect to third-party management Insertion start under section 53 Insertion end .

Application to competent court

(5) The First Nation may apply to a court of competent jurisdiction for an order directing the person or entity named in the application to comply with a local revenue law, such as by

• (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or

• (b) doing anything that, in the opinion of the court, may prevent the contravention of that law.

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Collection — competent court

(6) The First Nation may commence a proceeding in a court of competent jurisdiction to collect an amount owing to the First Nation under a local revenue law.

Enforcement — Framework Agreement on First Nation Land Management Act

(6.‍1) If a First Nation has adopted a land code as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act or the council of a First Nation has enacted a First Nation law as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.‍1(a) of the Framework Agreement, as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a local revenue law.

Other revenues laws

8.‍1 (1) The council of a First Nation may make laws

• (a) respecting the borrowing from the First Nations Finance Authority of money that is secured by other revenues, including any authorization to enter into a particular borrowing agreement with that Authority;

• (b) delegating to any person or body any of the council’s powers to make laws under paragraph (a); and

• (c) delegating to the First Nations Financial Management Board any of the council’s other powers that are required to give effect to a co-management arrangement entered into under section 52.‍1 or to give effect to third-party management under section 53.‍1.

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Coming into force

(2) A law made under subsection (1) comes into force on the later of

• (a) the day of coming into force set out in the law, and

• (b) the day after the day on which it is made.

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Judicial notice

(3) In any proceedings, judicial notice may be taken of laws made under subsection (1).

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply in respect of laws made under subsection (1).

Publication

(5) The First Nation shall publish all laws made under paragraphs (1)‍(b) and (c) in the First Nations Gazette.

Financial administration laws

9 (1) The council of a First Nation may make laws

No repeal by borrowing members

11 (1) A borrowing member Insertion start with an unpaid loan secured by local revenues Insertion end shall not repeal a property taxation law or a law made under paragraph 5(1)‍(a.‍1) unless

• (a) the revenues raised under that law, if any, are not being used as security for Insertion start any loan Insertion end obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or

Priority to Authority

(2) A law made under paragraph 5(1)‍(b) by a borrowing member Insertion start with an unpaid loan secured by local revenues Insertion end shall not authorize the expenditure of local revenues unless the borrowing member’s budget provides for the payment of all amounts payable to the First Nations Finance Authority during the budget period.

Financial commitment

(3)  Insertion start A Insertion end borrowing member Insertion start with an unpaid loan secured by local revenues Insertion end shall, in every year, reserve Insertion start the Insertion end local revenues Insertion start that Insertion end are required to ensure that all amounts authorized to be paid to the First Nations Finance Authority in the year Insertion start with respect to that loan Insertion end are actually paid in that year.

Reporting of other revenues

14.‍1 If a First Nation is using other revenues as security for a loan from the First Nations Finance Authority, the First Nation shall account for all of its other revenues — including other revenues that have not been used as security for the loan — separately from its other moneys, and shall provide that accounting information to the Authority and the First Nations Financial Management Board on request.

Non-application of certain provisions

15 Paragraphs 83(1)‍(a) and (b) to (g) and section 84 of the Indian Act do not apply to a First Nation Insertion start and Insertion end any regulations made under paragraph 73(1)‍(m) of that Act do not apply to a First Nation in respect of the borrowing of money under a law made under paragraph 5(1)‍(d) or Insertion start 8.‍1(1)‍(a) Insertion end .

taxpayer means a person paying Insertion start taxes or fees Insertion end under a law Insertion start made under paragraph 5(1)‍(a) or (a.‍1) Insertion end .‍ (contribuable)

Qualifications

(5) The Commission shall be composed of Insertion start individuals Insertion end from across Canada, including members of First Nations, who are committed to the development of First Nations Insertion start local revenue systems Insertion end and who have the experience or capacity to enable the Commission to fulfil its mandate.

Expenses

(2) The Chief Commissioner shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from Insertion start their Insertion end ordinary place of work. Other Commissioners shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence.

• (a)  Insertion start support and protect Insertion end the integrity of First Nations Insertion start local revenue Insertion end systems and promote common Insertion start approaches Insertion end to Insertion start those systems as part of the Canadian fiscal framework Insertion end ;

• (b)  Insertion start support and promote the reconciliation, in Insertion end First Nations Insertion start local revenue Insertion end systems, of the interests of taxpayers with the responsibilities of councils to govern the affairs of First Nations;

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  (c) support and promote positive relationships between First Nations and taxpayers, including through the provision of support services for the resolution of disputes related to First Nations local revenue systems;

  End of inserted block

• (d) assist First Nations in the exercise of their jurisdiction over Insertion start local revenues Insertion end ;

• Start of inserted block

  (e) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting the implementation and administration of First Nations local revenue systems, respecting First Nations economic growth and respecting the evolution of local revenue systems;

  End of inserted block

• (f) assist First Nations in Insertion start growing their economies and increasing their Insertion end local revenues;

• Start of inserted block

  (g) promote transparency of First Nations local revenue systems and understanding of those systems by members of First Nations, taxpayers and the public;

• (h) conduct research and provide advice and information to the Government of Canada, including the Minister, regarding the future development and implementation of frameworks to support First Nations in exercising their jurisdiction over local revenues;

• (i) conduct research, analyze information and provide advice to support the development, implementation and administration of First Nations local revenue systems;

• (j) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to strengthen First Nations economies and support the development of legal and administrative frameworks to promote the evolution of their jurisdiction over local revenues;

• (k) support the negotiation, development and implementation of agreements related to First Nations local revenue systems;

• (l) provide services to any Indigenous group named in the schedule to any regulation made under section 141; and

• (m) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section.

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Restrictions

32 (1) The Commission shall not approve a law made under paragraph 5(1)‍(d) Insertion start with respect to a loan referred to in paragraph 74(a) Insertion end unless

• (b) the First Nation has Insertion start sufficient Insertion end unutilized borrowing capacity Insertion start in respect of that loan Insertion end .

Copy and certificate

(2) On approving a law made by a First Nation under paragraph 5(1)‍(d) Insertion start with respect to a loan referred to in paragraph 74(a) Insertion end , the Commission shall provide the First Nations Finance Authority with

Notice of judicial review

(3) If the Commission becomes aware that judicial review proceedings have been undertaken in respect of an approved law referred to in subsection (2), the Commission shall without delay inform the First Nations Finance Authority of those proceedings.

• (a) is of the opinion that the First Nation has not complied with this Part Insertion start or a regulation made under this Part Insertion end or, Insertion start with respect to local revenues Insertion end , Part 1 or a regulation made under Insertion start that Insertion end Part or that a Insertion start local revenue Insertion end law has been unfairly or improperly applied,

Independent review

(2) If the Commission is of the opinion that a First Nation has not complied with this Part Insertion start or a regulation made under this Part Insertion end or, Insertion start with respect to local revenues Insertion end , Part 1 or a regulation made under Insertion start that Insertion end Part or that a Insertion start local revenue Insertion end law has been unfairly or improperly applied, it shall conduct a review of the matter in accordance with the regulations.

Remedying the situation

(3) If, after conducting a review, the Commission considers that a First Nation has not complied with this Part Insertion start or a regulation made under this Part Insertion end or, Insertion start with respect to local revenues Insertion end , Part 1 or a regulation made under Insertion start that Insertion end Part or that a Insertion start local revenue Insertion end law has been unfairly or improperly applied, the Commission

• (b) may, if the First Nation does not remedy the situation within the time set out in the order, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on the First Nation Insertion start under section 52 Insertion end or assume third-party management Insertion start under section 53 Insertion end to remedy the situation.

Data Collection, Analysis and Publication

Functions and powers

35.‍1 (1) The Commission may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes.

No identifying information

(2) The Commission shall ensure that no First Nation, entity, including an entity referred to in subsection 50.‍1(1), or individual can reasonably be identified, whether directly or indirectly, by any means, from any information that the Commission makes publicly available under subsection (1).

Exception

(3) The Commission is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, entity or individual to whom it relates consents to being identified.

Information sharing agreements

35.‍2 The Commission may enter into agreements with a First Nation, entity, including an entity referred to in subsection 50.‍1(1), or individual or any level of government concerning the sharing of information for research, analysis and publication purposes.

Indigenous directors

(1.‍1) The Governor in Council shall endeavour to ensure that the majority of the directors are Indigenous.

Qualifications

(4) The board of directors shall be composed of Insertion start individuals Insertion end from across Canada, including members of First Nations, who are committed to the strengthening of Insertion start the Insertion end financial management Insertion start of Insertion end First Insertion start Nations or of entities referred to in paragraphs 50.‍1(1)‍(a) to (c) Insertion end and who have the experience or capacity to enable the Board to fulfil its mandate.

Status

44  Insertion start The Chairperson shall hold office on a full-time basis and the other Insertion end directors shall hold office on a part-time basis.

Expenses

(2)  Insertion start The Chairperson Insertion end shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of Insertion start work Insertion end . Insertion start Other Insertion end directors Insertion start shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence Insertion end .

• (a) assist First Nations Insertion start and entities referred to in subsection 50.‍1(1) Insertion end in developing the capacity to meet their financial management requirements;

• Start of inserted block

  (a.‍1) assist First Nations and entities referred to in subsection 50.‍1(1) in developing and implementing laws and by-laws respecting financial administration;

  End of inserted block

• (b) assist First Nations Insertion start and entities referred to in paragraphs 50.‍1(1)‍(a) to (c) Insertion end in their dealings Insertion start with different levels of Insertion end governments respecting financial management, including matters of accountability and shared fiscal responsibility;

• (c) assist First Nations Insertion start and entities referred to in paragraphs 50.‍1(1)‍(a) to (c) Insertion end in the development, implementation and improvement of financial relationships with financial institutions, business partners and Insertion start different levels of Insertion end governments, to enable the economic and social development of First Nations Insertion start and of those entities Insertion end ;

• (g) provide monitoring Insertion start and reporting Insertion end services respecting financial management Insertion start systems Insertion end and financial performance;

• Start of inserted block

  (g.‍1) provide First Nations and entities referred to in subsection 50.‍1(1) with monitoring and reporting services respecting the implementation of laws and by-laws respecting financial administration and the compliance of those laws and by-laws with applicable standards;

  End of inserted block

• (h) provide services Insertion start respecting the Insertion end co-management and third-party management Insertion start of local revenues and other revenues Insertion end ;

• (i) provide advice, policy research and review and evaluative services on the development of fiscal arrangements between Insertion start different levels of Insertion end governments and First Nations, Insertion start as well as on the development of fiscal arrangements between different levels of governments and entities referred to in paragraphs 50.‍1(1)‍(a) to (c) Insertion end ;

• Start of inserted block

  (j) develop, implement, test and evaluate, as well as conduct research with respect to, proposals and pilot projects related to the purposes set out in the other paragraphs of this section;

• (k) assist First Nations, entities referred to in subsection 50.‍1(1), other levels of government and public and private organizations in the development and implementation of fiscal and economic proposals that contribute to responding to the Truth and Reconciliation Commission of Canada’s Calls to Action and to implementing the United Nations Declaration on the Rights of Indigenous Peoples; and

  End of inserted block
• Start of inserted block

  (l) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section.

  End of inserted block

Review and monitoring

50.‍01 (1) On the request of a First Nation or under the terms of an agreement between a First Nation and any level of government, the Board may review or monitor

• (a) the implementation of laws of the First Nation respecting financial administration;

• (b) the compliance of those laws with the standards established under paragraph 55(1)‍(a); and

• (c) the First Nation’s compliance with the standards established under paragraph 55(1)‍(c) or (d).

  End of inserted block

Report

(2) On completion of a review, or from time to time while carrying out monitoring, the Board shall provide to the First Nation a report setting out its findings and any recommendations.

Procedures

(3) The Board may establish procedures respecting

• (a) the requests for review and monitoring referred to in subsection (1);

• (b) the review and monitoring referred to in subsection (1); and

• (c) the reports referred to in subsection (2).

  End of inserted block

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply in respect of procedures established under subsection (3).

• (c) an Insertion start Indigenous Insertion end group that is a party to a treaty, land claims agreement or self-government agreement with Canada or with a province, or an entity established under, or as a result of, such a treaty or agreement;

• (d) an entity — owned or controlled by one or more First Nations or entities referred to in paragraph (a), (b) or (c) — whose mandate is primarily to promote the well-being or advancement of Insertion start Indigenous Insertion end people; or

• (e) a not-for-profit organization established to provide public services to Insertion start Indigenous Insertion end groups or Insertion start Indigenous Insertion end persons, including Insertion start services with respect to Insertion end social welfare, Insertion start infrastructure Insertion end , housing, recreational Insertion start or Insertion end cultural Insertion start activities Insertion end , health or Insertion start education Insertion end .

Review and monitoring

50.‍2 (1) On the request of an entity referred to in subsection 50.‍1(1) or under the terms of an agreement between such an entity and any level of government, the Board may review or monitor

• (a) the implementation of laws or by-laws made by the entity respecting financial administration;

• (b) the compliance of those laws or by-laws with the standards established under paragraph 50.‍1(3)‍(b); and

• (c) the entity’s compliance with the standards established under paragraph 50.‍1(3)‍(a).

  End of inserted block

Report

(2) On completion of a review, or from time to time while carrying out monitoring, the Board shall provide to the entity a report setting out its findings and any recommendations.

Procedures

(3) The Board may establish procedures respecting

• (a) the requests for review and monitoring referred to in subsection (1);

• (b) the review and monitoring referred to in subsection (1); and

• (c) the reports referred to in subsection (2).

  End of inserted block

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply in respect of procedures established under subsection (3).

Required intervention — local revenues

51  Insertion start (1) Insertion end  On receipt of a notice from the First Nations Tax Commission under paragraph 33(3)‍(b) or from the First Nations Finance Authority under subsection 86(4), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52 or assume third-party management in accordance with section 53, as the Board sees fit.

Required intervention — other revenues

(2) On receipt of a notice from the First Nations Finance Authority under subsection 86(5), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52.‍1 or assume third-party management in accordance with section 53.‍1, as the Board sees fit.

Imposed co-management — local revenues

52 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues, including its local revenue account,

• (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority Insertion start relating to a loan secured by local revenues Insertion end ; or

• (b)  Insertion start if the Board has received Insertion end a Insertion start notice Insertion end under paragraph 33(3)‍(b) or subsection 86(4).

Powers

(2) Under Insertion start the Insertion end co-management arrangement, the Board may

• (a) recommend amendments to a law of the First Nation made under Insertion start any of paragraphs 5(1)‍(a) to (f) or subsection 9(1) Insertion end ;

• (b) recommend changes to the First Nation’s expenditures or budgets Insertion start with respect to its local revenues Insertion end ;

• (c) recommend improvements to the First Nation’s financial management system Insertion start with respect to its local revenues Insertion end ;

• (d) recommend changes to the delivery of programs and services Insertion start paid for out of the First Nation’s local revenues Insertion end ;

• (f)  Insertion start with respect to local revenues Insertion end , exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority.

Termination by Board

(3) The Board may terminate Insertion start the Insertion end co-management arrangement on giving notice to Insertion start the Insertion end council of Insertion start the First Nation Insertion end that the Board is of the opinion that

• (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority Insertion start relating to a loan secured by local revenues Insertion end ;

• (b)  Insertion start in the case of a Insertion end First Nation Insertion start that Insertion end was in default of a payment obligation to the First Nations Finance Authority Insertion start relating to a loan secured by local revenues Insertion end , the First Nation has remedied the default;

• (c)  Insertion start the Insertion end co-management arrangement is no longer required; or

Notice

(5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of Insertion start the Insertion end co-management arrangement.

Imposed co-management — other revenues

52.‍1 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority,

• (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or

• (b) if the Board has received a notice under subsection 86(5).

  End of inserted block

Powers

(2) Under the co-management arrangement, the Board may

• (a) recommend amendments to a law of the First Nation made under any of paragraphs 8.‍1(1)‍(a) or (b) or subsection 9(1);

• (b) recommend changes to the First Nation’s expenditures or budgets with respect to its other revenues;

• (c) recommend improvements to the First Nation’s financial management system with respect to its other revenues;

• (d) recommend changes to the delivery of programs and services that are paid for out of the First Nation’s other revenues;

• (e) order that expenditures of other revenues of the First Nation be approved by, or paid with cheques co-signed by, a manager appointed by the Board; and

• (f) with respect to other revenues, exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority.

  End of inserted block

Termination by Board

(3) The Board may terminate the co-management arrangement on giving notice to the council of the First Nation that the Board is of the opinion that

• (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues;

• (b) in the case of a First Nation that was in default of a payment obligation to the First Nations Finance Authority relating to a loan secured by other revenues, the First Nation has remedied the default;

• (c) the co-management arrangement is no longer required; or

• (d) third-party management of the First Nation’s other revenues is required.

  End of inserted block

Opinion final

(4) An opinion given by the Board under this section is final and conclusive and is not subject to appeal.

Notice

(5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of the co-management arrangement.

Third-party management — local revenues

53 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s local revenues, including its local revenue account,

• (a) if, in the opinion of the Board, Insertion start the Insertion end co-management arrangement Insertion start entered into Insertion end under section 52 has not been effective;

• (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority Insertion start relating to a loan secured by local revenues Insertion end ; or

• (c)  Insertion start if the Board has received Insertion end a Insertion start notice Insertion end under paragraph 33(3)‍(b) or subsection 86(4).

Powers

(2) If the Board assumes third-party management of the local revenues of a First Nation, the Board has the exclusive Insertion start authority Insertion end to

• (i)  Insertion start with respect to local revenues, Insertion end exercise any powers and fulfil any obligations of the council under this Act, Insertion start including under Insertion end the regulations made under this Act, or Insertion start under Insertion end any laws made under paragraphs 5(1)‍(a) to (e) Insertion start and 9(1)‍(a) Insertion end ,

• (iv) provide for the delivery of programs and services that are paid for out of Insertion start the First Nation’s Insertion end local revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets;

• (d)  Insertion start with respect to local revenues, Insertion end exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority.

Board not agent or mandatary

(5.‍1) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority or the First Nations Tax Commission while exercising its exclusive authority under subsection (2).

Termination by Board

(6) The Board may terminate third-party management of a First Nation’s local revenues, on giving notice to the council of the First Nation, if

• (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority Insertion start relating to a loan secured by local revenues Insertion end and the Authority consents to the termination in writing;

• (b)  Insertion start in the case of a Insertion end First Nation Insertion start that Insertion end was in default of an obligation to the First Nations Finance Authority Insertion start relating to a loan secured by local revenues Insertion end , it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing;

• (c) it is of the opinion that the situation for which third-party management of the First Nation’s local revenues was required has been remedied; or

• Start of inserted block

  (d) in the case of third-party management that was imposed by the Board following receipt of a notice under subsection 86(4), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request.

  End of inserted block

Third-party management — other revenues

53.‍1 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority,

• (a) if, in the opinion of the Board, the co-management arrangement entered into under section 52.‍1 has not been effective;

• (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or

• (c) if the Board has received a notice under subsection 86(5).

  End of inserted block

Powers

(2) If the Board assumes third-party management of the other revenues of a First Nation, the Board has the exclusive authority to

• (a) subject to subsection (5), act in the place of the council of the First Nation to make laws under paragraphs 8.‍1(1)‍(a) and (b) and subsection 9(1);

• (b) act in the place of the council of the First Nation to

  • (i) with respect to other revenues, exercise any powers and fulfil any obligations of the council under this Act, including under the regulations made under this Act, or under any laws made under paragraph 8.‍1(1)‍(a) or 9(1)‍(a),

  • (ii) manage the First Nation’s other revenues,

  • (iii) manage assets of the First Nation that are generating other revenues, including by exercising any powers of the council to terminate an agreement, or enter into a new agreement, in respect of those assets,

  • (iv) undertake any necessary borrowing for the purpose of remedying the situation for which third-party management was required, and

  • (v) provide for the delivery of programs and services that are paid for out of the First Nation’s other revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets; and

• (c) with respect to other revenues, exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority.

  End of inserted block

Scope of power

(3) In exercising the authority referred to in subparagraph (2)‍(b)‍(ii), the Board may manage other revenues of a First Nation that were received before, or that are received after, the Board assumes management of the First Nation’s other revenues, including those that are comingled with other moneys of the First Nation. However, the Board may not manage the First Nation’s other revenues that are in a secured revenues trust account or an intermediate account.

Board not agent or mandatary

(4) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority while exercising its exclusive authority under subsection (2).

Delegation — consent of council required

(5) The Board shall not make a law under paragraph 8.‍1(1)‍(b) or 9(1)‍(b) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the other revenues of a First Nation, unless the council of the First Nation gives its consent.

Prohibition

(6) The council of a First Nation shall not, during the time that the Board assumes third-party management of the First Nation’s other revenues, repeal any law made under paragraph 8.‍1(1)‍(c).

Review every six months

(7) If the Board has assumed third-party management of a First Nation’s other revenues, it shall review the need for third-party management at least once every six months and advise the First Nations Finance Authority, the First Nations Tax Commission and the council of the First Nation of the results of its review.

Termination by Board

(8) The Board may terminate third-party management of a First Nation’s other revenues, on giving notice to the council of the First Nation, if

• (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues and the Authority consents to the termination in writing;

• (b) in the case of a First Nation that was in default of an obligation to the First Nations Finance Authority relating to a loan secured by other revenues, it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing;

• (c) it is of the opinion that the situation for which third-party management of the First Nation’s other revenues was required has been remedied; or

• (d) in the case of third-party management that was imposed by the Board following receipt of a notice under subsection 86(5), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request.

  End of inserted block

Opinion final

(9) An opinion given by the Board under this section is final and conclusive and is not subject to appeal.

Notice

(10) The Board shall advise the First Nations Finance Authority and First Nations Tax Commission of the assumption or termination of third-party management of a First Nation’s other revenues.

Required information

54 At the request of the Board, a First Nation shall provide to the Board any information about the First Nation’s financial management system and financial performance that the Board requires for a decision regarding a co-management arrangement or third-party management of the First Nation’s local revenues Insertion start or other revenues Insertion end .

• (c) the implementation or termination of a co-management arrangement or third-party management of a First Nation’s local revenues Insertion start or other revenues Insertion end .

Data Collection, Analysis and Publication

Functions and powers

55.‍1 (1) The Board may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes.

No identifying information

(2) The Board shall ensure that no First Nation, entity, including an entity referred to in subsection 50.‍1(1), or individual can reasonably be identified, whether directly or indirectly, by any means, from any information that the Board makes publicly available under subsection (1).

Exception

(3) The Board is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, entity or individual to whom it relates consents to being identified.

Information sharing agreements

55.‍2 The Board may enter into agreements with a First Nation, entity, including an entity referred to in subsection 50.‍1(1), or individual or any level of government concerning the sharing of information for research, analysis and publication purposes.

• (a) respecting the implementation of a co-management arrangement or third-party management of a First Nation’s local revenues Insertion start or other revenues Insertion end , including the obligations of affected First Nations to provide access to financial records; and

• b) fixer les droits que peut imposer le Conseil relativement à la prestation de services, notamment les droits imposés aux premières nations pour les services de cogestion et de gestion, ainsi que les modalités de leur recouvrement.

Règlements

56.‍1 Le gouverneur en conseil peut, afin de donner à une entité visée à l’un des alinéas 50.‍1(1)a) à e) la possibilité d’obtenir les services du Conseil — autres que des services de cogestion et de gestion —, prendre les règlements qu’il estime nécessaires, et notamment :

• (i)  Insertion start loans that have terms of one year or longer to finance or refinance Insertion end capital assets for the provision of local services on reserve lands, or

• (ii)  Insertion start loans that have terms of less than one year Insertion end to meet cash-flow requirements for operating or capital purposes or to refinance a short-term debt incurred for capital purposes;

• (b) secure for its borrowing members, through the use of other revenues prescribed by regulation, Insertion start loans Insertion end for any purpose prescribed by regulation;

• (b) secure for its borrowing members, through the use of other revenues, loans for any purpose that promotes a First Nation’s economic or social development, including loans for

  • (i) capital assets that are to be wholly or partly owned by the First Nation, including capital assets for the provision of services, housing, plants, machinery, roads and buildings,

  • (ii) rolling stock that is to be wholly or partly owned by the First Nation,

  • (iii) land that is to be wholly or partly owned by the First Nation,

  • (iv) shares or any other ownership interest in a corporation whose purpose includes the ownership, operation, management or sale of the products of power generating facilities, waste or wastewater treatment facilities or other public service utilities or facilities, and

  • (v) short-term financing to meet cash flow requirements for capital purposes or to refinance a short-term debt incurred for capital purposes;

• (e) provide advice regarding the development of financing mechanisms for First Nations.

Ceasing to be borrowing member

77 A Insertion start borrowing member Insertion end that has obtained Insertion start a loan from the Authority Insertion end may cease to be a borrowing member only with the consent of all other borrowing members.

Priority

78 (1) If a Insertion start borrowing member Insertion end is insolvent, the Authority has priority over all other creditors of the Insertion start borrowing member Insertion end for Insertion start all Insertion end moneys that are authorized Insertion start or obligated Insertion end to be paid to the Authority under a law made Insertion start by the borrowing member Insertion end , Insertion start under this Insertion end Act, Insertion start including under the regulations Insertion end , or Insertion start under Insertion end an agreement Insertion start relating to borrowing from the Authority Insertion end , but the priority is only in respect of any debt that arises on or after the Insertion start day Insertion end on which the Insertion start borrowing member Insertion end receives the initial disbursement of the first loan that it obtained from the Authority.

Limitations — loans

79 The Authority shall not make a loan to a borrowing member unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)‍(d) Insertion start in respect of that loan Insertion end .

Limitations — loans secured by property tax revenues

79 (1) The Authority shall not make a loan secured by property tax revenues to a borrowing member unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)‍(d) in respect of that loan.

Limitations — loans secured by other revenues

(2) The Authority shall not make a loan secured by other revenues to a borrowing member unless

• (a) the borrowing member has made a law under paragraph 8.‍1(1)‍(a) in respect of that loan and forwarded a copy of it to the Authority;

• (b) the Authority is satisfied that the borrowing member has the ability to repay the loan;

• (c) the borrowing member has obtained a certificate respecting financial performance from the First Nations Financial Management Board under subsection 50(3) and forwarded a copy of it to the Authority;

• (d) the borrowing member and the Authority have established a secured revenues trust account that is

  • (i) managed by a third party approved by the Authority, and

  • (ii) subject to terms that require the third party managing the account to periodically pay to the Authority the amounts required to be paid to it under the borrowing agreement with the borrowing member, at the times set out in that agreement, before paying any remaining amount to the borrowing member; and

• (e) the borrowing member has required the payers of the other revenues being used to secure the loan to deposit those other revenues into the secured revenues trust account or an intermediate account during the period of the loan.

Maintenance of registry and publication

79.‍1 The Authority shall maintain a registry of every law made under paragraph 8.‍1(1)‍(a) that is forwarded to it under paragraph 79(2)‍(a) and shall publish a copy of each law on an Internet website to be maintained by the Authority within 30 days after the day on which it is received.

Restriction

80 A borrowing member that has obtained a loan Insertion start from the Authority that is Insertion end secured by property tax revenues Insertion start and has a term of one year or longer Insertion end shall not subsequently obtain Insertion start such Insertion end a loan from any other person Insertion start as long as the loan from the Authority remains unpaid Insertion end .

Limitations — short-term loans

81 The Authority shall not make a loan Insertion start that has a term of less than one year Insertion end to a borrowing member for a purpose described in subparagraph 74(a) Insertion start (ii) Insertion end unless the loan is made in anticipation of local revenues set out in a law made by the borrowing member under paragraph 5(1)‍(b).

Debt reserve fund

84 (1) The Authority shall establish a debt reserve fund to make payments or sinking fund contributions for which insufficient moneys are available from borrowing members.

Provisioning of fund

(2) Subject to a regulation that fixes different percentages for the purposes of this subsection, the Authority shall withhold — and deposit in the corresponding debt reserve fund — 5% of the amount of any loan to a borrowing member that is secured by property tax revenues and of any loan to a borrowing member that is secured by other revenues.

Provisioning of fund

(2) The Authority shall withhold — and deposit in the debt reserve fund — 5% of the amount of any loan.

Percentage withheld may be reduced by board

(2.‍1) However, the board of directors may, by resolution, reduce the percentage to be withheld from a loan under subsection (2) to a percentage that is not less than 1%, if the board of directors is satisfied that doing so would not have a negative impact on the Authority’s credit rating.

Separate account

(3) A separate account shall be kept for each security issued and for each borrowing member contributing to the debt reserve fund.

Investments

(4) The funds of the debt reserve fund may be invested only in securities, investments or deposits referred to in paragraph 82(3)‍(a), (c) or (d) that mature or are callable within five years, 25% of which must be callable within 90 days.

Liability for shortfall

(5) The following rules apply if payments from the debt reserve fund reduce its balance:

• (a) if the balance is reduced by less than 50% of an amount determined in any manner prescribed by regulation, the Authority may, in accordance with the regulations, require borrowing members with unpaid loans to pay without delay amounts sufficient to replenish the debt reserve fund; and

• (b) if the balance is reduced by 50% or more of an amount determined in any manner prescribed by regulation, the Authority shall, in accordance with the regulations, require borrowing members with unpaid loans to pay without delay amounts sufficient to replenish the debt reserve fund.

Repayment

(6) Money contributed by a borrowing member to the debt reserve fund, and any investment income received on it, that has not already been repaid to the borrowing member by the Authority shall be repaid when all obligations in respect of the security for which the money was contributed have been satisfied.

Report

(3) On receipt of a notice referred to in paragraph (1)‍(b) in respect of a failure related to an obligation other than payment, the First Nations Financial Management Board shall advise the Authority in writing of its opinion on the reasons for the failure and recommend any intervention under section 52 or 53, Insertion start in the case of an obligation relating to a loan secured by local revenues, or under section 52.‍1 or 53.‍1, in the case of an obligation relating to a loan secured by other revenues, Insertion end that it considers appropriate. Insertion start The Board must provide a copy of the report including its opinion and any recommendations to the First Nations Tax Commission. Insertion end

Required intervention

(4) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member Insertion start in respect of its local revenues Insertion end or assume third-party management of Insertion start its Insertion end local revenues

• (a)  Insertion start if Insertion end , Insertion start with respect to a loan secured by local revenues Insertion end , the borrowing member fails to make a payment to the Authority under a borrowing agreement with the Authority, or to pay a charge imposed by the Authority under this Part; or

• (b)  Insertion start if the Authority receives Insertion end a report of the Board under subsection (3) in respect of the borrowing member.

Required intervention

(5) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member in respect of its other revenues or assume third-party management of its other revenues

• Start of inserted block

  (a) if, with respect to a loan secured by other revenues, the borrowing member fails to make a payment to the Authority under a borrowing agreement with the Authority, or to pay a charge imposed by the Authority under this Part; or

• (b) if the Authority receives a report of the Board under subsection (3) in respect of the borrowing member.

  End of inserted block

Copy to Commission

(6) The Authority must provide a copy of the notices referred to in subsections (4) and (5) to the First Nations Tax Commission.

• (a) prescribing anything that is to be prescribed under subsection 82(1) and paragraphs Insertion start 84(5)‍(a) and (b) Insertion end , 85(3)‍(c) and (4)‍(b) and 87(2)‍(f); and

PART 5.‍1 

First Nations Powers Respecting Services

Definition of service

96 In this Part, service means a service provided on reserve lands by or on behalf of a First Nation, including in relation to the provision of water, wastewater management, drainage, waste management, animal control, recreation, transportation, telecommunications and energy.

Laws respecting the provision of services

97 (1) The council of a First Nation may make laws respecting the provision of services and respecting infrastructure located on the First Nation’s reserve lands that is used in the provision of those services, including laws

• (a) regulating or prohibiting the provision of services;

• (b) imposing requirements and prohibitions with respect to infrastructure; and

• (c) respecting, subject to any conditions and procedures prescribed by regulation, the enforcement of laws made under this subsection, including by providing for measures to

  • (i) require any person or entity to refrain from doing anything that constitutes or is directed toward the contravention of those laws,

  • (ii) require any person or entity to do anything that may prevent or remedy the contravention of those laws,

  • (iii) recover costs incurred by the First Nation in enforcing those laws and impose and recover interest and penalties with respect to those costs,

  • (iv) create liens or, in Quebec, prior claims or legal hypothecs on reserve lands and on interests or rights in reserve lands, and

  • (v) discontinue services.

    End of inserted block

For greater certainty

(2) For greater certainty, laws made under subsection (1) apply only on the reserve lands of the First Nation that made the laws.

Non-compliance with measure

(3) If a person or entity is not complying with a measure referred to in subparagraph (1)‍(c)‍(i) or (ii), the First Nation may take appropriate corrective measures at the expense of the person or entity.

Application to competent court

(4) The First Nation may apply to a court of competent jurisdiction for an order directing a person or entity named in the application to comply with a law made under subsection (1), such as by

• (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or

• (b) doing anything that, in the opinion of the court, may prevent the contravention of that law.

  End of inserted block

Enforcement — Framework Agreement on First Nation Land Management Act

(5) If a First Nation has adopted a land code as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act or the council of a First Nation has enacted a First Nation law as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.‍1(a) of the Framework Agreement, as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a law made under subsection (1).

Regulations

(6) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the First Nations Infrastructure Institute, make regulations prescribing anything that is to be prescribed under paragraph (1)‍(c).

Publication

(7) The First Nation shall publish all laws made under subsection (1) in the First Nations Gazette and provide a copy of a law made under that subsection on request.

Coming into force

98 A law made under subsection 97(1) comes into force on the later of

• (a) the day of coming into force set out in the law, and

• (b) the day on which it is published in the First Nations Gazette.

  End of inserted block

Judicial notice

99 In any proceedings, judicial notice may be taken of a law made under subsection 97(1).

Statutory Instruments Act

100 The Statutory Instruments Act does not apply in respect of a law made under subsection 97(1).

PART 5.‍2 

First Nations Infrastructure Institute

Definition

Definition of Institute

Establishment and Organization of Institute

Establishment

Capacity, rights, powers and privileges

• (a) enter into contracts;

• (b) acquire, hold and dispose of property or an interest or right in property, or lease property;

• (c) raise, invest or borrow money; and

• (d) sue and be sued.

  End of inserted block

Not agent of His Majesty

Appointment of first directors

Appointment of subsequent directors — Governor in Council

Committee to advise Minister

Appointment of subsequent directors — prescribed bodies

Qualifications

Election of Vice-Chairperson

Removal of directors

Reappointment

Continuation in office

Status

Remuneration

Expenses

Chairperson — functions

Interim Chairperson

Powers of the board

• (a) make any rules and procedures that it considers necessary for the conduct of its meetings; and

• (b) in respect of a director referred to in subsection 105(3),

  • (i) make any rules and procedures that it considers necessary for their appointment or removal,

  • (ii) determine additional qualifications necessary for their particular appointment, and

  • (iii) establish the length of their term, which shall not exceed five years.

    End of inserted block

Head office

Staff

• (a) hire any staff that is necessary to conduct the work of the Institute; and

• (b) determine the duties of those persons and the conditions of their employment.

  End of inserted block

Salaries and benefits

Purposes

Mandate

• (a) assist First Nations and entities referred to in subsection 50.‍1(1) in planning, developing, procuring, owning, managing, operating and maintaining infrastructure, including by providing review, analysis, assessment, certification and monitoring services;

• (b) assist First Nations in the exercise of their jurisdiction over the provision of services, as defined in section 96, and over infrastructure;

• (c) provide services or support the provision of services respecting asset management;

• (d) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting infrastructure and social, cultural, environmental, economic and fiscal sustainability;

• (e) support capacity development for infrastructure planning, development, procurement, management, operation, maintenance, funding and financing by First Nations and entities referred to in subsection 50.‍1(1);

• (f) advance options to assist First Nations and entities referred to in subsection 50.‍1(1) in developing and implementing approaches to support the stable, effective and long-term funding and financing of infrastructure;

• (g) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to support the development of legal and administrative frameworks to improve the planning, development, procurement, management, operation and maintenance of infrastructure;

• (h) provide policy research services, review and evaluative services and advice to support First Nations and entities referred to in subsection 50.‍1(1) in developing fiscal frameworks and revenue streams to support the development, management, operation and maintenance of infrastructure;

• (i) conduct research and provide advice and information to the Government of Canada, including the Minister, on the development and implementation of frameworks to support the development of infrastructure that is socially, culturally, environmentally, economically and fiscally sustainable; and

• (j) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section.

  End of inserted block

Functions and Powers

Powers

Provision of services

• (a) assistance in planning, developing, procuring, owning, operating and maintaining infrastructure;

• (b) project management support with respect to infrastructure;

• (c) the review of funding and financing options for infrastructure projects; and

• (d) support in asset management.

  End of inserted block

Review of infrastructure project

Report

• (a) the scope of the review undertaken; and

• (b) an opinion as to whether the infrastructure project, or aspect of the infrastructure project, was in compliance with the standards or as to which aspects of the standards were not complied with.

  End of inserted block

Issuance of certificate

Revocation of certificate

Form and content

Opinion final

Review for continued compliance

Report

Report final

Review of First Nation laws

Notification of compliance

Standards and Procedures

Standards

• (a) the form and content of laws made under subsection 97(1);

• (b) the planning, developing, procuring, owning, managing, operating and maintaining infrastructure;

• (c) asset management; and

• (d) the certification and review of infrastructure projects.

  End of inserted block

Procedures

• (a) reviews of laws made under subsection 97(1) and requests for such reviews;

• (b) the provision of services under subsection 113.‍4(2) and requests for such services;

• (c) reviews of infrastructure projects, requests for such reviews, and the issuance of certificates under section 113.‍5; and

• (d) reviews for continued compliance under section 113.‍6 and requests for such reviews.

  End of inserted block

Statutory Instruments Act

First Nations Gazette

Data Collection, Analysis and Publication

Functions and powers

No identifying information

Exception

Information sharing agreements

Regulations

Regulations

institution means the First Nations Tax Commission, the First Nations Financial Management Board or Insertion start the First Nations Infrastructure Institute Insertion end .‍ (institution)

• Start of inserted block

  (c) in respect of the First Nations Infrastructure Institute, the directors referred to in subsection 102(1).‍ (conseil d’administration)

  End of inserted block

Corporate plans

118 (1) Each institution shall, in accordance with any directions given by the Minister, establish a Insertion start five-year Insertion end corporate plan and Insertion start a Insertion end budget for each financial year and submit them to the Minister for approval.

• (b) the institution’s objectives for the Insertion start five-year period to which the plan relates Insertion end and the strategy it intends to employ to achieve those objectives; and

• (c) the institution’s expected performance for Insertion start that five-year period Insertion end as compared to its objectives set out in the last corporate plan.

• (iii) the transactions of the institution that have come to the auditor’s notice in the course of Insertion start their Insertion end examination for the report were carried out in accordance with this Act; and

• (b) call attention to any other matter falling within the scope of the auditor’s examination for the report that, in Insertion start their Insertion end opinion, should be brought to the attention of the institution or the Minister.

Report

122 (1) An examiner shall, on completion of a special examination in respect of an institution, submit a report on Insertion start their Insertion end findings, and a summary of that report, to the Minister and to the board of directors of the institution.

Manner in which meeting held

(1.‍1) The board of directors shall determine the manner in which the annual meeting shall be held, which may be entirely by means of electronic communication or in a way that allows participation by such means.

Notice of meeting

(2) An institution shall, at least 30 days before the annual meeting, publish a notice on an Internet website to be maintained by the institution

• Insertion start (a) Insertion end  setting out the time and location, Insertion start if any Insertion end , of the meeting;

• Start of inserted block

  (b) indicating the means of participating in the meeting, such as by providing instructions on how to participate electronically; and

  End of inserted block

• Insertion start (c) Insertion end  specifying that the institution’s annual report may be accessed on Insertion start that Insertion end website.

• (a) the institution’s most recent annual report Insertion start is made Insertion end available Insertion start to Insertion end those Insertion start participating in Insertion end the meeting; and

• (b) the chief executive officer and the commissioners or directors of the institution Insertion start who are attending the meeting Insertion end are available to those Insertion start participating in Insertion end the meeting to answer any questions about the institution’s operations.

Conflict of interest

132 (1) No person who is appointed to, or employed by, Insertion start the First Nations Tax Commission Insertion end , Insertion start First Nations Financial Management Board Insertion end , Insertion start First Nations Finance Authority Insertion end or Insertion start First Nations Infrastructure Institute Insertion end shall be appointed to, or employed by, any other Insertion start one of those bodies Insertion end .

Conflict of interest

(2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with Insertion start their Insertion end duties or take part in any matter involving Insertion start a body referred to in subsection (1) Insertion end in which they have an interest.

Conflict of interest

(3) All persons appointed to Insertion start the First Nations Tax Commission Insertion end , Insertion start First Nations Financial Management Board Insertion end or Insertion start First Nations Infrastructure Institute Insertion end shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.

Liability of His Majesty

133 (1) No person has a right to receive any compensation, damages, indemnity or other relief from Insertion start His Insertion end 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 Insertion start First Nations Infrastructure Institute Insertion end arising from its exercise of, or its failure to exercise, any of Insertion start its Insertion end powers or functions, including any claim against the First Nations Tax Commission as an agent of Insertion start His Insertion end Majesty in right of Canada.

Insurance required

(2) The First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and Insertion start First Nations Infrastructure Institute Insertion end shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b).

No appropriation

134 No payment to the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or Insertion start First Nations Infrastructure Institute Insertion end may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board, Authority or Insertion start Institute Insertion end to satisfy any claim referred to in subsection 133(1).

Limit of liability — commissioner, director, employee, etc.

136 No civil proceedings lie against Insertion start any of the following persons Insertion end for anything done or omitted to be done in the exercise or performance, or purported exercise or performance, in good faith of any power or duty under this Act or regulations made under this Act:

• Insertion start (a) Insertion end  a commissioner or employee of the First Nations Tax Commission Insertion start or a person acting on its behalf Insertion end ;

• Insertion start (b) Insertion end  a director or employee of the First Nations Financial Management Board or a person acting on Insertion start its Insertion end behalf; and

• Start of inserted block

  (c) a director or employee of the First Nations Infrastructure Institute or a person acting on its behalf.

  End of inserted block

Limit of liability — co-management or third-party management

136.‍1 Despite anything in federal or provincial law, if, Insertion start under this Act Insertion end , the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement or has assumed Insertion start third-party Insertion end management of a First Nation’s local revenues Insertion start or other revenues Insertion end , neither the Board nor any director or employee of the Board or person acting on behalf of the Board is by reason of that fact liable for any liability of the First Nation.

Conflict with other laws

138 (1) In the event of a conflict between a local revenue law Insertion start or a law made under subsection 97(1) Insertion end 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 laws

138 (1) In the event of a conflict between a local revenue law, a law made under subsection 8.‍1(1) or a law made under subsection 97(1) 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.

Official languages

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

• (a) prescribing anything that is to be prescribed under subsection 20(3), 41(2) or Insertion start 105(3) Insertion end or section 116; and

• (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and Insertion start First Nations Infrastructure Institute Insertion end in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board, Authority or Insertion start Institute Insertion end would be exempt from that requirement.

Regulations

141 (1) For the purpose of enabling an Insertion start Indigenous Insertion end group that 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 any regulations that the Governor in Council considers necessary, including regulations

Amendments to schedule in regulations

(2) The Minister may, by order, at the request of the governing body of an Insertion start Indigenous Insertion end group referred to in subsection (1), amend Insertion start any Insertion end schedule included in regulations made under Insertion start that Insertion end subsection and listing the Insertion start Indigenous Insertion end groups that are subject to those regulations in order to

• (a) add or change the name of the Insertion start Indigenous Insertion end group; or

• (b) delete the name of the Insertion start Indigenous Insertion end group, as long as there are no amounts owing by the Insertion start Indigenous Insertion end group to the First Nations Finance Authority that remain unpaid.

Amendments to schedule in regulations

(2) The Minister may, by order, at the request of an organization referred to in paragraph 50.‍1(1)‍(e), amend any schedule included in regulations made under subsection (1) and listing the organizations that are subject to those regulations in order to

• (a) add or change the name of the organization; or

• (b) delete the name of the organization, as long as there are no amounts owing by the organization to the First Nations Finance Authority that remain unpaid.

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Whereas the Government of Canada has adopted a policy recognizing the inherent right of self-government as an Aboriginal right and providing for the negotiation of self-government;

Whereas this Act is not intended to define the nature and scope of any right of self-government or to prejudge the outcome of any self-government negotiation;

Whereas the creation of national Aboriginal institutions will assist First Nations that choose to exercise real property taxation jurisdiction on reserve lands;

Whereas economic development through the application of real property tax revenues and other local revenues to support borrowing on capital markets for the development of public infrastructure is available to other governments in Canada;

Whereas real property taxation regimes on reserves should recognize both the interests of on-reserve taxpayers and the rights of members of First Nations communities;

Whereas First Nations led an initiative that resulted in 1988 in an amendment to the Indian Act so that their jurisdiction over real property taxation on reserve could be exercised and the Indian Taxation Advisory Board was created to assist in the exercise of that jurisdiction;

Whereas, in 1995, the First Nations Finance Authority Inc. was incorporated for the purposes of issuing debentures using real property tax revenues and providing investment opportunities;

Whereas, by 1999, First Nations and the Government of Canada recognized the benefits of establishing statutory institutions as part of a comprehensive fiscal management system;

And whereas First Nations have led an initiative culminating in the introduction of this Act;