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First Nations Fiscal Management Act

Version of section 33 from 2005-03-23 to 2006-03-31:

The following provision is not in force.

Marginal note:Review on request

  •  (1) On the request in writing by a member of a first nation, or by a person who holds an interest in reserve lands or has a right to occupy, possess or use the reserve lands, who

    • (a) is of the opinion that the first nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied,

    • (b) has requested the council of the first nation to remedy the situation, and

    • (c) is of the opinion that the council has not remedied the situation,

    the Commission shall conduct a review of the matter in accordance with the regulations.

  • Marginal note:Independent review

    (2) If the Commission is of the opinion that a first nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, it shall conduct a review of the matter in accordance with the regulations.

  • Marginal note:Remedy

    (3) If, after conducting a review, the Commission considers that a first nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, the Commission

    • (a) shall order the first nation to remedy the situation; and

    • (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 or assume third-party management of the first nation’s local revenues to remedy the situation.

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