Bill C-575

3rd Session, 40th Parliament,

59 Elizabeth II, 2010

house of commons of canada

BILL C-575

An Act respecting the accountability and enhanced financial transparency of elected officials of First Nations communities

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

SHORT TITLE

1. This Act may be cited as the First Nations Financial Transparency Act.

INTERPRETATION

2. The following definitions apply in this Act.

“council” has the same meaning as “council of the band” in subsection 2(1) of the Indian Act, and includes the position of chief.

“expenses” include the costs of transportation, accommodation, meals, incidentals and hospitality.

“first nation” means a band, as defined in subsection 2(1) of the Indian Act, the disposition of whose lands is subject to that Act or to the First Nations Land Management Act.

“member”, in relation to a first nation, has the same meaning as “member of a band” in subsection 2(1) of the Indian Act.

“Minister” means the Minister of Indian Affairs and Northern Development.

“public funds” means those of a first nation's funds that are provided by the federal government in the form of grants, contributions and allowances.

“remuneration” any salaries, wages, commissions, bonuses, fees, honoraria, non-monetary benefits and reimbursement of expenses that were paid for using public funds.

PURPOSE OF ACT

3. The purpose of this Act is to enhance the financial accountability and transparency of First Nations by ensuring the public disclosure of the remuneration paid by a first nation, directly or indirectly, to its chief and councillors.

DISCLOSURE REQUIREMENTS

4. The accounts of a first nation shall be maintained, and its financial statements prepared annually, in accordance with the generally accepted accounting principles of the Canadian Institute of Chartered Accountants.

5. (1) A first nation’s financial statements shall be audited, in accordance with the generally accepted auditing standards of the Canadian Institute of Chartered Accountants, by an independent auditor who is a member in good standing of an association of auditors incorporated under the laws of a province.

(2) A first nation’s financial statements shall include a schedule entitled Schedule of Remuneration that details the remuneration paid to each member of the council.

(3) Every first nation shall make the Sched- ule of Remuneration publicly available within 120 days after March 31 in each calendar year.

6. Despite anything in the Privacy Act, where, at the end of the period referred to in subsection 5(3), the Schedule of Remuneration has not been made publicly available, the Minister shall make it publicly available.

7. For the purposes of this Act, section 20 of the Access to Information Act does not apply to the Schedule of Remuneration referred to in subsection 5(2).

ENFORCEMENT

8. The Minister or any member of a first nation may apply to a superior court for an order regarding the enforcement of the provisions of this Act.