Marginal note:No compensation

135. 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 31(3), or for any duty or liability imposed on that person as a result of such a law.

Marginal note:Limit of liability

136. 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.

Marginal note:Limit of liability

137. 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.

Marginal note:Conflict with other laws

• 138. (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.

• Marginal note:Conflict with other first nation laws

  (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.

Marginal note:Official languages

• 139. (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.

• Marginal note:Official languages

  (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.

Regulations

Marginal note:Regulations

140. The Governor in Council may make regulations

• (a) prescribing anything that is to be prescribed under subsection 20(3) or 41(2) or section 116; and

• (b) prescribing the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Statistical Institute in respect of liabilities referred to in subsection 133(1).

Marginal note:Regulations

141. 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 any regulations that the Governor in Council considers necessary, including regulations

• (a) adapting any provision of this Act or of any regulation made under this Act; and

• (b) restricting the application of any provision of this Act or of any regulation made under this Act.

Marginal note:Regulations

142. The Governor in Council may make regulations

• (a) prescribing anything that is to be prescribed for the purposes of paragraph 74(b); and

• (b) adapting or restricting any provision of this Act or of any regulation made under this Act for the purposes of paragraph 74(b).

PART 8TRANSITIONAL PROVISIONS, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENTS AND COMING INTO FORCE

Transitional Provisions

Marginal note:ITAB employees

• 143. (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.

• Marginal note:Interim rules of procedure

  (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.

Marginal note:Continuation of directors

144. 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 58 comes into force shall continue as directors of the First Nations Finance Authority until new directors are elected.

Marginal note:Continuation of existing by-laws

• 145. (1) By-laws made by a first nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the first nation is added to the schedule are deemed to be laws made under section 5 or 9, as the case may be, to the extent that they are not inconsistent with section 5 or 9, and remain in force until they are repealed or replaced.

• Marginal note:Amendment of existing by-laws

  (2) For greater certainty, subsections 5(2) to (7) apply to amendments of by-laws referred to in subsection (1).

Marginal note:Review and evaluation

146. 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.

Consequential Amendments

R.S., c. A-1Access to Information Act

147. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

148. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

and a corresponding reference in respect of that Act to “section 108”.

R.S., c. F-11Financial Administration Act

149. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order:

R.S., c. I-5Indian Act

150. The portion of subsection 87(1) of the Indian Act before paragraph (a) is replaced by the following:

151. Section 88 of the Act is replaced by the following:

R.S., c. P-21Privacy Act

152. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

2004, c. 17Westbank First Nation Self-Government Act

153. The Westbank First Nation Self-Government Act is amended by adding the following after section 8: