First Nations Fiscal Management Act

Marginal note:Regulations

• 36 (1) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Commission, make regulations

  • (a) prescribing anything that is to be prescribed under subparagraph 5(1)(a)(i), paragraph 5(1)(e) or (4)(a), subsection 5(7) or section 10;

  • (b) establishing procedures to be followed for the purposes of section 31 or 33, including procedures

    • (i) for requiring the production of documents from a First Nation or person requesting a review under subsection 33(1),

    • (ii) for conducting hearings, and

    • (iii) authorizing the Commission to apply to a justice of the peace for a subpoena compelling a person to appear before the Commission to give evidence and bring any documents specified in the subpoena, and to pay associated travel expenses;

  • (c) prescribing fees to be charged by the Commission for services to First Nations and other organizations; and

  • (d) respecting the exercise of the law-making powers of First Nations under subsection 5(1).

• Marginal note:Provincial differences

  (2) Regulations made under paragraph (1)(a) may vary from province to province.

• Marginal note:Authority to vary

  (3) Regulations made under paragraph (1)(b) may authorize the Commission to

  • (a) vary the procedures to accommodate the customs or culture of a First Nation in respect of which a hearing is being held;

  • (b) extend or shorten any period provided for in those regulations;

  • (c) dispense with compliance with any procedure provided for in the regulations in the interest of securing a just, expeditious and inexpensive hearing of a complaint; and

  • (d) delegate any of the powers of the Commission under section 31 or 33 to a panel consisting of one or more commissioners.

• Marginal note:Designation of panels by Chief Commissioner

  (3.1) Regulations made under paragraph (1)(b) may authorize or require the Chief Commissioner to designate the members of a panel for the purposes of the delegation of powers referred to in paragraph (3)(d).

• Marginal note:Inconsistencies

  (4) In the event of an inconsistency between a law made under subsection 5(1) and regulations made under subsection (1), the regulations prevail to the extent of the inconsistency.