Bill C-23
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| Notice of
meeting
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(2) An institution shall, at least 30 days
before the annual meeting, publish a notice in
a major newspaper setting out the time and
location of the meeting and specifying that the
institution's annual report may be accessed on
an Internet website to be maintained by the
institution.
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| Availability to
public
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(3) At the annual meeting, the board of
directors shall ensure
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PART 7 |
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PROVISIONS OF GENERAL APPLICATION |
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General |
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| Conflict of
interest
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130. (1) No person who is appointed to, or
is employed by, a commission, board,
authority or institute established under this
Act shall be appointed to, or be employed by,
any other commission, board, authority or
institute established under this Act.
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| Conflict of
interest
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(2) No person referred to in subsection (1)
shall accept or hold any office or employment
that is inconsistent with that person's duties or
take part in any matter involving the
commission, board, authority or institute in
which that person has an interest.
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| Conflict of
interest
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(3) All persons appointed to a commission,
board or institute established under this Act
shall comply with the Conflict of Interest and
Post-Employment Code for Public Office
Holders, issued by the Office of the Ethics
Counsellor, as amended from time to time, as
though they were public office holders as
defined in that Code.
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| Liability of
Her Majesty
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131. (1) No person has a right to receive any
compensation, damages, indemnity or other
relief from Her Majesty in right of Canada in
respect of any claim against the First Nations
Tax Commission, First Nations Financial
Management Board, First Nations Finance
Authority or First Nations Statistical Institute
arising from its exercise of, or its failure to
exercise, any of the powers or functions of that
Commission, Board, Authority or Institute, as
the case may be, including any claim against
the First Nations Tax Commission as an agent
of Her Majesty in right of Canada.
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| Insurance
required
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(2) The First Nations Tax Commission,
First Nations Financial Management Board,
First Nations Finance Authority and First
Nations Statistical Institute shall maintain in
good standing at all times the insurance
coverage required by any regulations made
under paragraph 137(b).
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| No
appropriation
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132. No payment to the First Nations Tax
Commission, First Nations Financial
Management Board, First Nations Finance
Authority or First Nations Statistical Institute
may be made under an appropriation by
Parliament authorized under an Act of
Parliament to enable the Commission, Board,
Authority or Institute to satisfy any claim
referred to in subsection 131(1).
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| No
compensation
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133. No person has a right to receive any
compensation, damages, indemnity or other
relief from Her Majesty in right of Canada, or
from the First Nations Tax Commission, for
any acquired, vested or future right, or for any
prospect of such a right, that is affected by a
law approved by the First Nations Tax
Commission under subsection 29(3), or for
any duty or liability imposed on that person as
a result of such a law.
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| Limit of
liability
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134. No civil proceedings lie against a
commissioner or employee of the First
Nations Tax Commission, or any director or
employee of the First Nations Financial
Management Board or First Nations
Statistical Institute, for anything done, or
omitted to be done, in the exercise or
purported exercise in good faith of any power,
or in the performance or purported
performance in good faith of any duty, of that
person in accordance with this Act.
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| Limit of
liability
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134.1 No civil proceedings lie against a
member of a council or an employee of a first
nation for anything done, or omitted to be
done, during the course of the exercise or
purported exercise in good faith of any power,
or the performance or purported performance
in good faith of any duty, of that member or
employee in accordance with this Act,
regulations made under this Act or a law made
by the council of a first nation under this Act.
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| Conflict with
other laws
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135. (1) In the event of a conflict between
a local revenue law and an Act of Parliament
or any regulations made under an Act of
Parliament or a code made by a first nation
under another Act of Parliament, the Act,
regulations or code prevails to the extent of the
conflict.
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| Conflict with
other first
nation laws
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(2) In the event of a conflict between a law
made by a first nation under this Act and a law,
other than a code, made by the first nation
under another Act of Parliament, the law made
by the first nation under this Act prevails to the
extent of the conflict.
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| Official
languages
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136. (1) For greater certainty, the provisions
of the Official Languages Act applicable to
federal institutions apply to the First Nations
Tax Commission and First Nations Statistical
Institute.
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| Official
languages
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(2) Where there is a significant demand for
services in a particular official language, the
First Nations Financial Management Board
and First Nations Finance Authority shall
offer services in that language.
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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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| Regulations
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138.1 The Governor in Council may make
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
by-laws
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142. (1) Section 3 does not apply to a first
nation that, immediately before the coming
into force of that section, had in place a
by-law made under section 83 of the Indian
Act.
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| Borrowing
member
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(2) Despite subsection (1), section 3
applies to a borrowing member.
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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 106''.
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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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147. [Deleted]
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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(1)
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150. (1) Paragraph 83(1)(a) of the Act is
repealed.
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| R.S., c. 17
(4th Supp.),
s. 10(2)
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(2) Subsection 83(1) of the Act is amended
by adding the word ``and'' at the end of
paragraph (c) and by repealing paragraphs
83(1)(e) to (g).
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| R.S., c. 17
(4th Supp.),
s. 10(3)
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(3) Subsection 83(3) of the Act is
repealed.
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| R.S., c. 17
(4th Supp.),
s. 10(3)
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(4) Subsections 83(5) and (6) of the Act
are repealed.
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150.1 Section 84 of the Act is 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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