An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act (S.C. 2023, c. 16)
Full Document:
- HTMLFull Document: An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act (Accessibility Buttons available) |
- PDFFull Document: An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act [551 KB]
Assented to 2023-06-20
2005, c. 9; 2012, c. 19, s. 658First Nations Fiscal Management Act (continued)
Marginal note:2018, c. 27, par. 414(h)(E)
7 The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Financial administration laws
9 (1) The council of a First Nation may make laws
Marginal note:2015, c. 36, s. 183
8 (1) The portion of subsection 11(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:No repeal by borrowing members
11 (1) A borrowing member with an unpaid loan secured by local revenues shall not repeal a property taxation law or a law made under paragraph 5(1)(a.1) unless
(a) the revenues raised under that law, if any, are not being used as security for any loan obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or
(2) Subsections 11(2) and (3) of the Act are replaced by the following:
Marginal note:Priority to Authority
(2) A law made under paragraph 5(1)(b) by a borrowing member with an unpaid loan secured by local revenues shall not authorize the expenditure of local revenues unless the borrowing member’s budget provides for the payment of all amounts payable to the First Nations Finance Authority during the budget period.
Marginal note:Financial commitment
(3) A borrowing member with an unpaid loan secured by local revenues shall, in every year, reserve the local revenues that are required to ensure that all amounts authorized to be paid to the First Nations Finance Authority in the year with respect to that loan are actually paid in that year.
Marginal note:2018, c. 27, par. 414(m)(E)
9 Section 15 of the Act is replaced by the following:
Marginal note:Reporting of other revenues
14.1 If a First Nation is using other revenues as security for a loan from the First Nations Finance Authority, the First Nation shall account for all of its other revenues — including other revenues that have not been used as security for the loan — separately from its other moneys, and shall provide that accounting information to the Authority and the First Nations Financial Management Board on request.
Marginal note:Non-application of certain provisions
15 Paragraphs 83(1)(a) and (b) to (g) and section 84 of the Indian Act do not apply to a First Nation and any regulations made under paragraph 73(1)(m) of that Act do not apply to a First Nation in respect of the borrowing of money under a law made under paragraph 5(1)(d) or 8.1(1)(a).
10 The definition taxpayer in section 16 of the Act is replaced by the following:
- taxpayer
taxpayer means a person paying taxes or fees under a law made under paragraph 5(1)(a) or (a.1). (contribuable)
Marginal note:2018, c. 27, par. 414(n)(E)
11 Subsection 20(5) of the Act is replaced by the following:
Marginal note:Qualifications
(5) The Commission shall be composed of individuals from across Canada, including members of First Nations, who are committed to the development of First Nations local revenue systems and who have the experience or capacity to enable the Commission to fulfil its mandate.
12 Subsection 23(2) of the English version of the Act is replaced by the following:
Marginal note:Expenses
(2) The Chief Commissioner shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of work. Other Commissioners shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence.
Marginal note:2018, c. 27, par. 414(o)(E)
13 Paragraphs 29(a) to (i) of the Act are replaced by the following:
(a) support and protect the integrity of First Nations local revenue systems and promote common approaches to those systems as part of the Canadian fiscal framework;
(b) support and promote the reconciliation, in First Nations local revenue systems, of the interests of taxpayers with the responsibilities of councils to govern the affairs of First Nations;
(c) support and promote positive relationships between First Nations and taxpayers, including through the provision of support services for the resolution of disputes related to First Nations local revenue systems;
(d) assist First Nations in the exercise of their jurisdiction over local revenues;
(e) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting the implementation and administration of First Nations local revenue systems, respecting First Nations economic growth and respecting the evolution of local revenue systems;
(f) assist First Nations in growing their economies and increasing their local revenues;
(g) promote transparency of First Nations local revenue systems and understanding of those systems by members of First Nations, taxpayers and the public;
(h) conduct research and provide advice and information to the Government of Canada, including the Minister, regarding the future development and implementation of frameworks to support First Nations in exercising their jurisdiction over local revenues;
(i) conduct research, analyze information and provide advice to support the development, implementation and administration of First Nations local revenue systems;
(j) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to strengthen First Nations economies and support the development of legal and administrative frameworks to promote the evolution of their jurisdiction over local revenues;
(k) support the negotiation, development and implementation of agreements related to First Nations local revenue systems;
(l) provide services to any Indigenous group named in the schedule to any regulation made under section 141; and
(m) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section.
Marginal note:2018, c. 27, s. 394(1)
14 (1) The portion of subsection 32(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Restrictions
32 (1) The Commission shall not approve a law made under paragraph 5(1)(d) with respect to a loan referred to in paragraph 74(a) unless
Marginal note:2018, c. 27, par. 414(p)(E)
(2) Paragraph 32(1)(b) of the Act is replaced by the following:
(b) the First Nation has sufficient unutilized borrowing capacity in respect of that loan.
Marginal note:2018, c. 27, s. 394(2)
(3) The portion of subsection 32(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Copy and certificate
(2) On approving a law made by a First Nation under paragraph 5(1)(d) with respect to a loan referred to in paragraph 74(a), the Commission shall provide the First Nations Finance Authority with
Marginal note:2018, c. 27, s. 394(3)
(4) Subsection 32(3) of the Act is replaced by the following:
Marginal note:Notice of judicial review
(3) If the Commission becomes aware that judicial review proceedings have been undertaken in respect of an approved law referred to in subsection (2), the Commission shall without delay inform the First Nations Finance Authority of those proceedings.
Marginal note:2018, c. 27, par. 414(q)(E)
15 (1) Paragraph 33(1)(a) of the Act is replaced by the following:
(a) is of the opinion that the First Nation has not complied with this Part or a regulation made under this Part or, with respect to local revenues, Part 1 or a regulation made under that Part or that a local revenue law has been unfairly or improperly applied,
Marginal note:2018, c. 27, par. 414(q)(E)
(2) Subsection 33(2) of the Act is replaced by the following:
Marginal note:Independent review
(2) If the Commission is of the opinion that a First Nation has not complied with this Part or a regulation made under this Part or, with respect to local revenues, Part 1 or a regulation made under that Part or that a local revenue law has been unfairly or improperly applied, it shall conduct a review of the matter in accordance with the regulations.
Marginal note:2018, c. 27, par. 414(q)(E)
(3) The portion of subsection 33(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Remedying the situation
(3) If, after conducting a review, the Commission considers that a First Nation has not complied with this Part or a regulation made under this Part or, with respect to local revenues, Part 1 or a regulation made under that Part or that a local revenue law has been unfairly or improperly applied, the Commission
Marginal note:2018, c. 27, par. 414(q)(E)
(4) Paragraph 33(3)(b) of the Act is replaced by the following:
(b) may, if the First Nation does not remedy the situation within the time set out in the order, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on the First Nation under section 52 or assume third-party management under section 53 to remedy the situation.
16 The Act is amended by adding the following after section 35:
Data Collection, Analysis and Publication
Marginal note:Functions and powers
35.1 (1) The Commission may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes.
Marginal note:No identifying information
(2) The Commission shall ensure that no First Nation, entity, including an entity referred to in subsection 50.1(1), or individual can reasonably be identified, whether directly or indirectly, by any means, from any information that the Commission makes publicly available under subsection (1).
Marginal note:Exception
(3) The Commission is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, entity or individual to whom it relates consents to being identified.
Marginal note:Information sharing agreements
35.2 The Commission may enter into agreements with a First Nation, entity, including an entity referred to in subsection 50.1(1), or individual or any level of government concerning the sharing of information for research, analysis and publication purposes.
17 (1) Section 41 of the Act is amended by adding the following after subsection (1):
Marginal note:Indigenous directors
(1.1) The Governor in Council shall endeavour to ensure that the majority of the directors are Indigenous.
Marginal note:2018, c. 27, par. 414(t)(E)
(2) Subsection 41(4) of the Act is replaced by the following:
Marginal note:Qualifications
(4) The board of directors shall be composed of individuals from across Canada, including members of First Nations, who are committed to the strengthening of the financial management of First Nations or of entities referred to in paragraphs 50.1(1)(a) to (c) and who have the experience or capacity to enable the Board to fulfil its mandate.
18 Section 44 of the Act is replaced by the following:
Marginal note:Status
44 The Chairperson shall hold office on a full-time basis and the other directors shall hold office on a part-time basis.
- Date modified: