Bill C-19
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Regulations |
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| Regulations
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137. The Governor in Council may make
regulations
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| Regulations
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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
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PART 8 |
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TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS AND COMING INTO FORCE |
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Transitional Provisions |
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| ITAB
employees
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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.
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| Interim rules
of procedure
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(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.
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| Continuation
of directors
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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.
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| Continuation
of existing
by-laws
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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.
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| Amendment
of existing
by-laws
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(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).
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| Existing
financial
administration
by-laws
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142. Section 3 does not apply to a first
nation that, immediately before the coming
into force of that section, had in place a
by-law made under section 83 of the Indian
Act respecting the administration of its
finances.
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| Review and
evaluation
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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.
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Consequential Amendments |
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| R.S., c. A-1
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Access to Information Act
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144. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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First Nations Financial Management Board
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First Nations Statistical Institute
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First Nations Tax Commission
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145. Schedule II to the Act is amended by
adding, in alphabetical order, a reference to
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First Nations Fiscal and Statistical
Management Act
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and a corresponding reference in respect of
that Act to ``section 105''.
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| R.S., c. F-11
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Financial Administration Act
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146. Part I of Schedule III to the
Financial Administration Act is amended by
adding the following in alphabetical order:
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First Nations Statistical Institute
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| 1999, c. 24
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First Nations Land Management Act
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147. Subsection 15(1) of the First Nations
Land Management Act is replaced by the
following:
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| Coming into
force
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15. (1) Subject to subsection 3(3) of the
First Nations Fiscal and Statistical
Management Act, a land code comes into
force and has the force of law on the day it is
certified or on any other later date that may be
specified in or under the land code, and
judicial notice shall thereafter be taken of the
land code in any proceedings.
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| R.S., c. I-5
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Indian Act
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| R.S., c. 48
(4th Supp.),
s. 1
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148. Section 4.1 of the Indian Act is
replaced by the following:
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| Provisions
that apply to
all band
members
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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).
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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).
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| R.S., c. 17
(4th Supp.),
s. 10
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150. Sections 83 and 84 of the Act are
repealed.
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151. The portion of subsection 87(1) of
the Act before paragraph (a) is replaced by
the following:
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| Property
exempt from
taxation
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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:
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152. Section 88 of the Act is replaced by
the following:
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| General
provincial
laws
applicable to
Indians
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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 .
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| R.S., c. P-21
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Privacy Act
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153. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Other Government Institutions'':
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First Nations Financial Management Board
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First Nations Statistical Institute
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First Nations Tax Commission
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Coordinating Amendments |
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| Bill C-7
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154. (1) If Bill C-7, introduced in the 2nd
session of the 37th Parliament and entitled
the First Nations Governance Act (``the
other Act'') receives royal assent, then the
provisions mentioned in subsections (2) to
(16) are amended or repealed as provided in
those subsections.
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(2) On the later of the day on which this
Act receives royal assent and the coming
into force of the definition ``council'' in
subsection 2(1) of the other Act, the
definition ``council'' in subsection 2(1) of
this Act is replaced by the following:
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| ``council'' « conseil de la première nation »
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``council'' has the same meaning as in
subsection 2(1) of the First Nations
Governance Act.
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(3) On the later of the coming into force
of section 15 of the other Act and the day on
which this Act receives royal assent, section
11 of this Act is repealed.
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(4) On the later of the coming into force
of subsection 12(3) of this Act and the day on
which the other Act receives royal assent,
paragraph 7(g) of the other Act is replaced
by the following:
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(5) On the later of the coming into force
of paragraph 4(1)(a) of this Act and the day
on which the other Act receives royal
assent, subsection 6(3) of the other Act is
replaced by the following:
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| Enactment of
laws
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(3) An administration of government code
must include rules respecting the
development, making and registration of band
laws made under this Act and the development
and making of laws under section 4 of the First
Nations Fiscal and Statistical Management
Act and, in particular, rules
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(6) On the later of the coming into force
of paragraph 4(1)(a) of this Act and the day
on which the other Act receives royal
assent, subsection 30(4) of the other Act is
replaced by the following:
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| Commenceme
nt of code or
law
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(4) Subject to subsection 3(4) of the First
Nations Fiscal and Statistical Management
Act, a code or a band law made under this Act
comes into force at the beginning of the day
following the day it is deposited in the band's
registry, or at such later time as is specified in
the code or law.
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(7) On the later of the day on which this
Act receives royal assent and the coming
into force of section 7 of the other Act,
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| Financial
management
and
accountability
codes
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3. (1) The council of a first nation that has
made a financial management and
accountability code under the First Nations
Governance Act shall not make a law under
subsection 4(1) unless that code has been
approved by the First Nations Financial
Management Board.
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| Natural
resource
revenues
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(2) The council of a first nation that has
made general rules and procedures respecting
revenues from natural resources obtained
from first nation land under the First Nations
Land Management Act shall not make a law
under subsection 4(1) unless those rules and
procedures have been approved by the First
Nations Financial Management Board.
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| Approval of
amendments
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(3) After the council of a first nation has
obtained approval of a financial management
and accountability code under subsection (1)
or approval of rules and procedures under
subsection (2), while any local revenue law
made by the first nation remains in effect, an
amendment to the code or to the rules and
procedures, as the case may be, does not have
any force or effect until it is approved by the
First Nations Financial Management Board.
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| Statutory
Instruments
Act
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(9) The Statutory Instruments Act does not
apply in respect of local revenue laws.
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| Registry
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(4) The Commission shall maintain a
registry of every law approved by it under this
section.
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| First Nations
Gazette
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(4) All standards established by the Board
under subsection (1) shall be published in the
First Nations Gazette.
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| Continuation
of existing
by-laws
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141. (1) By-laws made under section 83 of
the Indian Act, other than by-laws
respecting financial administration, that
are in force on the day on which section 150
comes into force are deemed to be laws
made under section 4, to the extent that they
are not inconsistent with that section, and
remain in force until they are repealed or
replaced.
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| Amendment
of existing
by-laws
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(2) For greater certainty, subsections 4(2)
to (7) apply to any amendments to by-laws
referred to in subsection (1).
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142.1 A law made by a first nation under
section 8 prior to the repeal of that section
is deemed to remain in force until, and to be
repealed on, the earliest of
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