First Nations Fiscal Management Act (S.C. 2005, c. 9)

Marginal note:Election of Vice-Chairperson

107 The board of directors shall elect a Vice-Chairperson from among the directors.

Marginal note:Removal of directors

108 The board of directors may remove a director appointed under subsection 105(3) for cause at any time in accordance with the rules and procedures established under subparagraph 113(b)(i).

Marginal note:Reappointment

• 109 (1) Directors may be reappointed for a second or subsequent term of office.

• Marginal note:Continuation in office

  (2) Despite subsections 105(1) and (3), an appointed director continues to hold office until they are reappointed or their successor is appointed.

Marginal note:Status

110 The Chairperson shall hold office on a full-time basis and the other directors shall hold office on a part-time basis.

Marginal note:Remuneration

• 111 (1) Directors shall be paid the remuneration determined by the Governor in Council.

• Marginal note:Expenses

  (2) The Chairperson shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of work. Other directors shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence.

Marginal note:Chairperson — functions

• 112 (1) The Chairperson is the chief executive officer of the Institute and has supervision over, and direction of, the work and staff of the Institute.

• Marginal note:Interim Chairperson

  (2) In the event of the absence or incapacity of the Chairperson, the Vice-Chairperson shall assume the duties and functions of the Chairperson.

Marginal note:Powers of the board

113 The board of directors may

• (a) make any rules and procedures that it considers necessary for the conduct of its meetings; and

• (b) in respect of a director referred to in subsection 105(3),

  • (i) make any rules and procedures that it considers necessary for their appointment or removal,

  • (ii) determine additional qualifications necessary for their particular appointment, and

  • (iii) establish the length of their term, which shall not exceed five years.

Marginal note:Head office

113.1 The head office of the Institute shall be on reserve lands at a location determined by the board of directors.

Marginal note:Staff

• 113.2 (1) The board of directors may

  • (a) hire any staff that is necessary to conduct the work of the Institute; and

  • (b) determine the duties of those persons and the conditions of their employment.

• Marginal note:Salaries and benefits

  (2) Persons hired under subsection (1) shall be paid the salary and benefits fixed by the board of directors.

Purposes

Marginal note:Mandate

113.3 The purposes of the Institute are to

• (a) assist First Nations and entities referred to in subsection 50.1(1) in planning, developing, procuring, owning, managing, operating and maintaining infrastructure, including by providing review, analysis, assessment, certification and monitoring services;

• (b) assist First Nations in the exercise of their jurisdiction over the provision of services, as defined in section 96, and over infrastructure;

• (c) provide services or support the provision of services respecting asset management;

• (d) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting infrastructure and social, cultural, environmental, economic and fiscal sustainability;

• (e) support capacity development for infrastructure planning, development, procurement, management, operation, maintenance, funding and financing by First Nations and entities referred to in subsection 50.1(1);

• (f) advance options to assist First Nations and entities referred to in subsection 50.1(1) in developing and implementing approaches to support the stable, effective and long-term funding and financing of infrastructure;

• (g) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to support the development of legal and administrative frameworks to improve the planning, development, procurement, management, operation and maintenance of infrastructure;

• (h) provide policy research services, review and evaluative services and advice to support First Nations and entities referred to in subsection 50.1(1) in developing fiscal frameworks and revenue streams to support the development, management, operation and maintenance of infrastructure;

• (i) conduct research and provide advice and information to the Government of Canada, including the Minister, on the development and implementation of frameworks to support the development of infrastructure that is socially, culturally, environmentally, economically and fiscally sustainable; and

• (j) 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.

Functions and Powers

Marginal note:Powers

• 113.4 (1) In furtherance of its purposes, the Institute may enter into partnerships, agreements and other arrangements with local, regional, national and international organizations to provide services to First Nations and entities referred to in subsection 50.1(1).

• Marginal note:Provision of services

  (2) On the request of a First Nation or an entity referred to in subsection 50.1(1), the Institute may provide services relating to its purposes to that First Nation or entity, including

  • (a) assistance in planning, developing, procuring, owning, operating and maintaining infrastructure;

  • (b) project management support with respect to infrastructure;

  • (c) the review of funding and financing options for infrastructure projects; and

  • (d) support in asset management.

Marginal note:Review of infrastructure project

• 113.5 (1) On the request of a First Nation or an entity referred to in subsection 50.1(1), the Institute may review an infrastructure project, or any aspect of an infrastructure project, involving that First Nation or entity for compliance with the standards established under subsection 113.8(1).

• Marginal note:Report

  (2) On completion of the review, the Institute shall provide to the First Nation or entity a report setting out

  • (a) the scope of the review undertaken; and

  • (b) an opinion as to whether the infrastructure project, or aspect of the infrastructure project, was in compliance with the standards or as to which aspects of the standards were not complied with.

• Marginal note:Issuance of certificate

  (3) If after completing the review the Institute is of the opinion that the infrastructure project, or the reviewed aspect, was in compliance, in all material respects, with the standards, it shall issue to the First Nation or entity a certificate to that effect.

• Marginal note:Revocation of certificate

  (4) The Institute may, on giving notice to the First Nation or entity, revoke the First Nation’s or the entity’s certificate if, on the basis of information available to the Institute, it is of the opinion that the certificate was issued on the basis of incomplete or incorrect information.

• Marginal note:Form and content

  (5) The Institute may determine the form and content of certificates issued under subsection (3), including any restrictions as to the purposes for which, and the persons by whom, they are intended to be used.

• Marginal note:Opinion final

  (6) An opinion of the Institute referred to in this section is final and conclusive and is not subject to appeal.

Marginal note:Review for continued compliance

• 113.6 (1) On the request of a First Nation or an entity referred to in subsection 50.1(1), or under the terms of an agreement between any level of government and the First Nation or entity, the Institute may review an infrastructure project, or any aspect of an infrastructure project, for which it has issued a certificate under subsection 113.5(3) for continued compliance with the standards established under subsection 113.8(1).

• Marginal note:Report

  (2) On completion of the review, the Institute shall provide to the First Nation or entity a report setting out the scope of its review and its findings and any recommendations.

• Marginal note:Report final

  (3) The content of the report is final and conclusive and is not subject to appeal.

Marginal note:Review of First Nation laws

• 113.7 (1) On the request of a First Nation, the Institute may review any law made by the council under subsection 97(1) for compliance with the standards established under subsection 113.8(1).

• Marginal note:Notification of compliance

  (2) If after completing the review the Institute is of the opinion that the law is in compliance, in all material respects, with the standards, it shall notify the First Nation of its opinion in writing.

Standards and Procedures

Marginal note:Standards

• 113.8 (1) The Institute may establish standards, not inconsistent with the regulations, respecting

  • (a) the form and content of laws made under subsection 97(1);

  • (b) the planning, developing, procuring, owning, managing, operating and maintaining infrastructure;

  • (c) asset management; and

  • (d) the certification and review of infrastructure projects.

• Marginal note:Procedures

  (2) The Institute may establish procedures respecting

  • (a) reviews of laws made under subsection 97(1) and requests for such reviews;

  • (b) the provision of services under subsection 113.4(2) and requests for such services;

  • (c) reviews of infrastructure projects, requests for such reviews, and the issuance of certificates under section 113.5; and

  • (d) reviews for continued compliance under section 113.6 and requests for such reviews.

• Marginal note:Statutory Instruments Act

  (3) The Statutory Instruments Act does not apply to a standard established under subsection (1) or a procedure established under subsection (2).

• Marginal note:First Nations Gazette

  (4) The Institute shall publish all standards established under subsection (1) and procedures established under subsection (2) in the First Nations Gazette.

Data Collection, Analysis and Publication

Marginal note:Functions and powers

• 113.9 (1) The Institute 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 Institute 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 Institute makes publicly available under subsection (1).

• Marginal note:Exception

  (3) The Institute 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.