Bill C-23
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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(16) are amended or repealed as provided in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11 of this Act is repealed.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 day on which this
Act receives royal assent and the day on
which section 7 of the other Act comes into
force, 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(2) 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 day on
which section 7 of the other Act comes into
force
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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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| Approval of
amendments
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(2) After the council of a first nation has
obtained approval of a financial management
and accountability code under subsection (1)
and while any local revenue law made by the
first nation remains in effect, no amendment
to the code comes into force until the later of
the day of the coming into force set out in the
amendment and the day after 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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(8) On the latest of the coming into force
of section 31 of this Act, the coming into
force of subsection 4(4) of this Act and the
day on which the other Act receives royal
assent, subsection 11(5) of the other Act is
replaced by the following:
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| Exception
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(5) A band law referred to in subsection (1)
does not apply in respect of any decision from
which a right of appeal or review otherwise
exists, other than a review under the Federal
Courts Act.
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(9) On the later of the day on which this
Act receives royal assent and the coming
into force of subsection 10(3) of the other
Act, section 51 of this Act is amended by
adding the following after subsection (6):
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| Sharing of
information
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(7) On assuming third-party management of
a first nation's local revenues, if the Minister
is exercising powers under subsection 10(3) of
the First Nations Governance Act, the Board
may disclose to the Minister any information
regarding the first nation's local revenues that
the Board considers advisable.
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(10) If section 149 of this Act is not in
force on the day on which section 51 of the
other Act comes into force, then, on that
day, section 149 of this Act is repealed.
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(11) On the later of the coming into force
of section 51 of this Act and the day on
which the other Act receives royal assent,
section 10 of the other Act is amended by
adding the following after subsection (3):
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| Exception
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(4) An assessment referred to in subsection
(3) and any remedial measures referred to in
that subsection do not extend to a local
revenue law made, or a local revenue account
established, under the First Nations Fiscal
and Statistical Management Act.
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| Notice to
Minister
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(5) Where the Minister undertakes an
assessment under subsection (3) in respect of
a band that is a borrowing member as defined
in subsection 2(1) of the First Nations Fiscal
and Statistical Management Act, the Minister
shall advise the First Nations Financial
Management Board of that fact.
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| Sharing of
information
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(6) In exercising the Minister's powers
under subsection (3), if the First Nations
Financial Management Board is also
exercising powers under section 50 or 51 of
the First Nations Fiscal and Statistical
Management Act, the Minister may disclose to
the Board any information regarding the first
nation's financial position that the Minister
considers advisable.
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(11.1) If section 150 of this Act is not in
force on the day on which section 54 of the
other Act comes into force, then, on that
day, section 150 of this Act is replaced by the
following:
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| R.S., c. 17
(4th Supp.),
s. 10
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150. Section 83 of the Act is repealed.
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(12) On the later of the coming into force
of section 150 of this Act and the day on
which the other Act receives royal assent,
section 14 of the other Act is replaced by the
following:
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| Limitation of
liability
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14. No civil proceedings lie against a
member of a council or an employee of a band
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, in
accordance with this Act, the Indian Act,
regulations made under either Act, a code or
a band law made under this Act.
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(12.1) If section 54 of the other Act is not
in force on the day on which section 150 of
this Act comes into force, then, on that day,
section 54 of the other Act is replaced by the
following:
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| R.S., c. 17
(4th Supp.),
s. 10
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54. Section 83 of the Act is repealed.
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(13) On the later of the coming into force
of section 44 of the other Act and the coming
into force of section 150 of this Act, 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), paragraph 87(1)(a), section
88, subsection 89(1) and paragraph 107(b).
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(14) On the latest of the coming into force
of section 53 of the other Act, the coming
into force of section 55 of the other Act and
the coming into force of section 150 of this
Act, the heading after section 80 of the
Indian Act is repealed.
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(15) On the later of the coming into force
of section 56 of the other Act and the coming
into force of section 152 of this Act, section
88 of the Indian 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, the First Nations Fiscal and
Statistical Management Act or the First
Nations Governance Act, or any order, rule,
regulation, band law 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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Coming into Force |
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| Coming into
force
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155. The provisions of this Act, other than
section 154, come into force on a day or days
to be fixed by order of the Governor in
Council.
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