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Bill C-19

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Purposes

Mandate

102. The purposes of the Institute are to

    (a) provide statistical information on, and analysis of, the fiscal, economic and social conditions of

      (i) Indians and other members of first nations,

      (ii) members of other aboriginal groups, and

      (iii) other persons who reside on reserve lands or lands of other aboriginal groups;

    (b) promote the quality, coherence and compatibility of first nations statistics and their production in accordance with generally accepted standards and practices through collaboration with first nations, federal departments and agencies, provincial departments and agencies and other organizations;

    (c) work with, and provide advice to, federal departments and agencies and provincial departments and agencies on first nations statistics;

    (d) work in cooperation with Statistics Canada to ensure that the national statistical system meets the needs of first nations and Canada; and

    (e) build statistical capacity within first nation governments.

Powers

General powers

103. (1) In furtherance of the purposes set out in section 102, the Institute may enter into agreements with aboriginal and other governments and organizations.

Particular powers

(2) The Institute may collect, compile, analyze and abstract data for statistical purposes respecting any of the following matters as they relate to first nations, to reserve lands, to Indians and other members of first nations, to members of other aboriginal groups, and to other persons who reside on reserve lands or lands of other aboriginal groups:

    (a) population;

    (b) agriculture;

    (c) health and welfare;

    (d) commercial and industrial activities;

    (e) law enforcement, the administration of justice and corrections;

    (f) finance;

    (g) education;

    (h) language, culture and traditional activities;

    (i) labour and employment;

    (j) prices and the cost of living;

    (k) transportation and communications;

    (l) electric power, gas and water utilities;

    (m) public administration;

    (n) community services;

    (o) the environment;

    (p) forestry, fishing and trapping; and

    (q) any other matter prescribed by regulation.

Publication

(3) The Institute shall publish and make publicly available statistical information collected, compiled, analyzed or abstracted under subsection (2) in a manner that does not permit the information to be related to any identifiable individual, business or organization.

Sharing of information

104. (1) The Institute may enter into an agreement with a first nation or other aboriginal group, federal department or agency, provincial department or agency, municipality, corporation or other organization for the sharing of information collected by or on behalf of either party and for its subsequent tabulation or publication.

Agreement

(2) An agreement under subsection (1) shall provide that

    (a) respondents from whom information is collected are to be informed by notice that the information is being collected on behalf of the Institute and the first nation, department, agency, municipality, corporation or organization, as the case may be; and

    (b) where the respondents object by notice in writing to the First Nations Chief Statistician to the sharing of the information by the Institute, the information will not be shared unless the first nation, department, agency, municipality, corporation or organization is authorized by law to require respondents to provide that information.

Federal data

105. (1) Subject to subsection (2) and the same restrictions applicable to the disclosure of information under the Access to Information Act, documents or records relating to first nations, Indians or other members of first nations that are maintained by any department, body or corporation set out in any of Schedules I to III to the Financial Administration Act that is prescribed by regulation shall be disclosed to the Institute for the purposes of this Part in accordance with an agreement referred to in subsection (3).

Exception

(2) A department, body or corporation referred to in subsection (1) is not required to disclose any information that it is required to, or may, withhold under any federal law, or that is privileged.

Agreement required

(3) The Institute shall enter into an agreement for the collection and use of information referred to in subsection (1) with the department, body or corporation from whose documents or records it is to be obtained.

General

Protection of information

106. (1) Except for the purpose of communicating information in accordance with the conditions of an agreement made under section 104, for the conduct of a prosecution under this Act or for the purposes of subsection (2),

    (a) no person, other than a person employed by, or under contract to, the Institute and sworn or affirmed under section 101, shall be permitted to examine any identifiable individual return made for the purposes of this Part; and

    (b) no person who has been sworn or affirmed under section 101 shall knowingly disclose any information obtained by the Institute that can be related to any identifiable individual, first nation, business or organization.

Permissible disclosure

(2) The First Nations Chief Statistician may authorize the following information to be disclosed:

    (a) information collected by persons, first nations, organizations or departments for their own purposes and communicated to the Institute, subject to the same secrecy requirements applicable to it when it was collected, and in the manner and to the extent agreed on by its collector and the First Nations Chief Statistician;

    (b) information relating to a person, first nation, business or organization in respect of which disclosure is consented to in writing by that person, first nation, business or organization;

    (c) information available to the public under an Act of Parliament or of the legislature of a province;

    (d) information relating to a hospital, institution for individuals with a mental health disability, library, educational institution or other similar non-commercial institution that cannot be related to an individual to whom services were or are provided by that institution; and

    (e) a list of businesses, showing

      (i) their names and addresses,

      (ii) the telephone numbers at which they may be reached in relation to statistical matters,

      (iii) the official language in which they prefer to be addressed in relation to statistical matters,

      (iv) the products they produce, transport, store, purchase or sell, or the services they provide, in the course of their business, or

      (v) the number of persons they employ, as a specified range.

Information privileged

107. (1) Except for the purpose of conducting a prosecution under this Act, information obtained by the Institute that can be related to any identifiable individual, business, organization or first nation is privileged and shall not be used as evidence in a legal proceeding.

No compulsion to produce

(2) No person referred to in section 101 shall be required by an order of a court, tribunal or other body to give testimony in respect of any information referred to in subsection (1).

Inconsistency with Statistics Act

108. (1) In the event of an inconsistency between the Statistics Act and this Act or regulations made under this Act, the Statistics Act prevails to the extent of the inconsistency.

Powers of Statistics Canada

(2) For greater certainty, nothing in this Act shall be construed so as to limit the powers and duties of Statistics Canada under the Statistics Act.

Offences

Offence

109. Every person who, after making an oath or solemn affirmation under section 101,

    (a) wilfully makes a false declaration, statement or return in the performance of his or her duties,

    (b) in the pretended performance of his or her duties, obtains or seeks to obtain information that the person is not authorized to obtain, or

    (c) contravenes section 106,

is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both.

Secret information

110. Every person who, after making an oath or solemn affirmation under section 101,

    (a) wilfully discloses, directly or indirectly, information obtained in the course of his or her duties that might affect the market value of a security or commodity, including any information referred to in subsection 106(2), to any person who has not been sworn or affirmed under section 101, or

    (b) uses any information described in paragraph (a) for the purpose of speculating in a security or commodity,

is guilty of an offence and liable on summary conviction to a fine not exceeding the aggregate of $5,000 and double the amount of any benefit obtained from speculation referred to in paragraph (b) or to imprisonment for a term not exceeding five years, or to both.

Regulations

Regulations

111. The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Institute, make regulations prescribing anything to be prescribed under paragraph 103(2)(q) or subsection 105(1).

PART 6

FINANCIAL MANAGEMENT AND CONTROL

Definitions

112. The following definitions apply in this Part.

``board of directors''
« conseil de l'administrati on »

``board of directors'' includes,

      (a) in respect of the First Nations Tax Commission, the commissioners referred to in section 15; and

      (b) in respect of the First Nations Financial Management Board, the directors referred to in section 36.

``institution''
« institution »

``institution'' means the First Nations Tax Commission or the First Nations Financial Management Board.

Exclusion from public service

113. (1) The officers and employees of an institution are not part of the public service of Canada.

No guarantees

(2) No person shall give a guarantee on behalf of Her Majesty for the discharge of an obligation or liability of an institution.

Financial year

114. The financial year of each institution is the period from April 1 to March 31, unless otherwise prescribed by regulation.

Expenditure of revenues

115. Subject to such terms and conditions as the Treasury Board may direct, for the purposes of the institution, an institution may expend, during a financial year or the following year, any revenues that it receives in that financial year through the conduct of its operations.

Corporate plans

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

Scope and contents of corporate plan

(2) The corporate plan of each institution shall encompass all of the businesses and activities of the institution and include a statement of

    (a) the objects or purposes of the institution;

    (b) the institution's objectives for the financial year and the strategy it intends to employ to achieve those objectives; and

    (c) the institution's expected performance for the financial year as compared to its objectives for that year as set out in the last corporate plan.

Contents of budget

(3) The budget of each institution must include a statement of the institution's projected revenues and expenses for the financial year on account of capital and operations.

Form of corporate plan

(4) The corporate plan of each institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution.

Restriction on business or activity

(5) No institution may carry on any business or activity in any financial year in a manner that is not consistent with its corporate plan for that year.

Amendment

(6) Any amendment by an institution to its corporate plan or budget shall be submitted to the Minister for approval.

Books and systems

117. (1) Each institution shall

    (a) keep books of account and records in relation to them; and

    (b) maintain financial and management control and information systems.

Books and systems

(2) The books, records and systems referred to in subsection (1) shall be kept and maintained in such a manner as will provide reasonable assurance that

    (a) the institution's assets are safeguarded and controlled;

    (b) its transactions are in accordance with this Act;

    (c) its financial, human and physical resources are managed economically and efficiently; and

    (d) its operations are carried out effectively.

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