648. Items 41 to 46 of the schedule to the Act are amended by adding the following in column 2:

649. Items 48 and 49 of the schedule to the Act are amended by adding the following in column 2:

650. Item 52 of the schedule to the Act is amended by adding the following in column 2:

651. Item 58 of the schedule to the Act is amended by adding the following in column 2:

Marginal note:Replacement — initial capitals

652. The English version of the Act is amended by replacing “first nation” or “first nations” with “First Nation” or “First Nations”, respectively, in the following provisions:

• (a) the definitions “council”, “eligible voter”, “first nation”, “first nation land”, “first nation law”, “first nation member”, “Framework Agreement”, “individual agreement”, “interest”, “land code”, “licence” and “right” in subsection 2(1);

• (b) section 5;

• (c) the portion of subsection 6(1) before paragraph (a);

• (d) paragraphs 6(1)(b) to (l);

• (e) subsections 6(2) and (3);

• (f) paragraph 7(1)(d);

• (g) sections 8 to 12;

• (h) subsections 14(2) and (3);

• (i) subsection 15(2);

• (j) sections 16 to 20;

• (k) sections 22 to 34; and

• (l) sections 38 to 44.

Division 471999, c. 29Canada Travelling Exhibitions Indemnification Act

653. Paragraphs 3(3)(a) and (b) of the Canada Travelling Exhibitions Indemnification Act are replaced by the following:

Division 482002, c. 9, s. 2Canadian Air Transport Security Authority Act

654. Section 17 of the Canadian Air Transport Security Authority Act is replaced by the following:

655. Section 19 of the Act is replaced by the following:

Division 492005, c. 9First Nations Fiscal and Statistical Management Act

Amendments to the Act

656. The long title of the First Nations Fiscal and Statistical Management Act is replaced by the following:

• 657. (1) The sixth paragraph of the preamble to the Act is repealed.

• (2) The ninth paragraph of the preamble to the Act is replaced by the following:

  Whereas, by 1999, first nations and the Government of Canada recognized the benefits of establishing statutory institutions as part of a comprehensive fiscal management system;

658. Section 1 of the Act is replaced by the following:

• 659. (1) The definition “First Nations Statistical Institute” in subsection 2(1) of the Act is repealed.

• (2) The definition “first nation” in subsection 2(1) of the Act is replaced by the following:

  “first nation”

  « première nation »

  “first nation” means a band named in the schedule.

660. Part 5 of the Act is repealed.

• 661. (1) Subsection 132(1) of the Act is replaced by the following:

  Marginal note:Conflict of interest

  • 132. (1) No person who is appointed to, or is employed by, a commission, board or authority established under this Act shall be appointed to, or be employed by, any other commission, board or authority established under this Act.

• (2) Subsection 132(2) of the English version of the Act is replaced by the following:

  • Marginal note:Conflict of interest

    (2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person’s duties or take part in any matter involving the commission, board or authority in which that person has an interest.

• Marginal note:2006, c. 9, s. 8

  (3) Subsection 132(3) of the Act is replaced by the following:

  • Marginal note:Conflict of interest

    (3) All persons appointed to a commission or board established under this Act shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.

662. Sections 133 and 134 of the Act are replaced by the following:

663. Section 136 of the Act is replaced by the following:

664. Subsection 139(1) of the Act is replaced by the following:

665. Paragraph 140(b) of the Act is replaced by the following:

666. Section 146 of the Act is replaced by the following:

Transitional Provisions

Marginal note:Definition

667. In sections 668 to 673, “Institute” means the First Nations Statistical Institute.

Marginal note:Appointments terminated

• 668. (1) Directors of the Institute, including the Chairperson and Vice-Chairperson, cease to hold office on the coming into force of this subsection.

• Marginal note:No compensation

  (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director of the Institute, including as the Chairperson or Vice-Chairperson, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

Marginal note:References

669. Every reference to the Institute in a deed, contract or other document executed by the Institute in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada.

Marginal note:Minister authorized

670. The Minister of Indian Affairs and Northern Development is authorized to sell or otherwise dispose of all of the Institute’s assets and to do everything necessary for or incidental to closing out the Institute’s affairs.

Marginal note:Surplus

• 671. (1) Any surplus that remains after the satisfaction of the Institute’s debts and liabilities and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.

• Marginal note:Unsatisfied debts and liabilities

  (2) Any of the Institute’s debts and liabilities that remain unsatisfied on the day on which the Institute is dissolved become the debts and liabilities of Her Majesty in right of Canada.

• Marginal note:Exception

  (3) Despite subsection (2), Her Majesty in right of Canada is not liable in respect of any claim against the Institute arising from its exercise of, or its failure to exercise, any of its powers or functions.

Marginal note:Commencement of legal proceedings

• 672. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Minister of Indian Affairs and Northern Development in closing out the Institute’s affairs may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Institute.

• Marginal note:Continuation of legal proceedings

  (2) Any action, suit or other legal proceeding to which the Institute is a party — other than an action, suit or legal proceeding in respect of any claim against the Institute arising from its exercise of, or failure to exercise, any of its powers or functions — that is pending in a court on the coming into force of this subsection may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Institute.

Marginal note:Limit of liability

673. No civil proceedings lie against a former director or employee of the 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 the First Nations Fiscal Management Act, as that Act read immediately before the coming into force of section 660.

Consequential Amendments

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

Marginal note:2005, c. 9, s. 147

674. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Marginal note:2005, c. 9, s. 148

675. Schedule II to the Act is amended by striking out the reference to

and the corresponding reference to “section 108”.