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7 The heading before section 1 and sections 1 to 23 of the Revenue Management Implementation Regulations are adapted as follows:

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Marginal note:Definitions

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  1 (1) The following definitions apply in these Regulations.

  Act

  Act  means the First Nations Fiscal Management Act. (Loi)

  financial institution

  financial institution  means the First Nations Finance Authority or any person — including a bank, credit union or caisse populaire — or trustee with which local revenues or other revenues are deposited or by or through which local revenues or other revenues are invested. (institution financière)

  law-making delegate

  law-making delegate  means

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    (a) in relation to a First Nation, a person or body to which the council of the First Nation has, under paragraph 5(1)(f), 8.1(1)(b) or 9(1)(b) of the Act, delegated any of the council’s powers to make laws; and

  tax administrator

  tax administrator  means the person responsible for the administration of a First Nation’s property taxation laws. (administrateur fiscal)

  third-party local services agreement

  third-party local services agreement  means an agreement, lease, instrument or act granting a right-of-way or easement or real servitude, permit or other instrument or act to which a First Nation or His Majesty in right of Canada is a party

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Marginal note:Appointment

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  2 (1) Subject to subsection (2) and section 3, if the Board requires a First Nation or Indigenous group to enter into a co-management arrangement or assumes third-party management and appoints a person who is not an employee of the Board to act as an agent or mandatary of the Board for the purposes of the co-management arrangement or third-party management, the scope of the authority of the person shall be set out in writing and a copy provided to the council of the First Nation or to the Indigenous group without delay.

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3 A manager shall not

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  (b) act in the place of the council of the First Nation under paragraph 53(2)(a) or 53.1(2)(a) of the Act or act in the place of a governing body of the Indigenous group under paragraph 53.2(2)(a) of the Act; or

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Marginal note:Request for information — First Nation

4 A request for information referred to in section 54 of the Act may be made orally or in writing, by the Board or a manager, to the council of the First Nation or to any of its councillors, employees or law-making delegates.

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Marginal note:Records and documents — local revenues

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  5 (1) At any time after receipt of a notice under subsection 52(1) or 53(1) of the Act and while a co-management arrangement in respect of the First Nation’s local revenues or third-party management of its local revenues is in effect, the First Nation shall, without delay, on receipt of an oral or written request, give the Board or a manager access to, and copies — or the opportunity to make copies — of, all records and documents respecting the First Nation’s local revenue laws and their administration, including records and documents relating to

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    (a) communications between the First Nation and the First Nations Tax Commission, the First Nations Finance Authority or the Minister;

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    (f) the First Nation’s local revenue account and all expenditures of local revenues including the audited financial reports or the audited annual financial statements, as the case may be, referred to in subsection 14(1.1) of the Act;

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    (j) agreements and communications between the First Nation and the First Nations Finance Authority, including those related to the borrowing of money from the Authority;

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    (k) agreements and communications between the First Nation and any law-making delegate relating to the delegation of law-making powers;

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    (l) requests made, or reviews carried out, under section 33 of the Act, including any agreements and communications with the First Nations Tax Commission in respect of the request or review;

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    (p) any other agreements, obligations, commitments or other arrangements under which the First Nation is or may become obligated to expend local revenues or is or may become entitled to receive local revenues;

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  Marginal note:Copies

  (2) A First Nation shall, without delay, on receipt of any records or documents referred to in subsection (1) that are produced or obtained while a co-management arrangement or third-party management is in effect, provide a copy of the records or documents to the Board or a manager.

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Marginal note:Records and documents — other revenues of a First Nation

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  5.1 (1) At any time after receipt of a notice under subsection 52.1(1) or 53.1(1) of the Act and while a co-management arrangement in respect of the First Nation’s other revenues or third-party management of its other revenues is in effect, the First Nation shall, without delay, on receipt of an oral or written request, give the Board or a manager access to, and copies — or the opportunity to make copies — of, all records and documents respecting the laws of the First Nation made under section 8.1 of the Act and their administration, including records and documents relating to

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    (a) communications between the First Nation and the First Nations Finance Authority or the Minister;

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    (d) the First Nation’s other revenues and all expenditures of other revenues and, if applicable, the accounting information required under section 14.1 of the Act;

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    (g) agreements and communications between the First Nation and the First Nations Finance Authority, including those related to the borrowing of money from the Authority;

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    (h) agreements and communications between the First Nation and any law-making delegate relating to the delegation of law-making powers;

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    (k) any other agreements, obligations, commitments or other arrangements under which the First Nation is or may become obligated to expend other revenues or is or may become entitled to receive other revenues;

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  Marginal note:Copies

  (2) A First Nation shall, without delay, on receipt of any records or documents referred to in subsection (1) that are produced or obtained while a co-management arrangement or third-party management is in effect, provide a copy of the records or documents to the Board or a manager.

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Marginal note:Records and documents — other revenues of an Indigenous group

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  5.2 (1) At any time after receipt of a notice under subsection 52.2(1) or 53.2(1) of the Act and while a co-management arrangement in respect of the Indigenous group’s other revenues or third-party management of its other revenues is in effect, the Indigenous group shall, without delay, on receipt of an oral or written request, give the Board or a manager access to, and copies — or the opportunity to make copies — of, all records and documents respecting the Indigenous group’s laws respecting other revenues and the administration of those laws, including records and documents relating to

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    (f) agreements and communications between the Indigenous group and the First Nations Finance Authority, including those related to the borrowing of money from the Authority;

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Marginal note:Request for copies — local revenues

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  6 (1) At any time after the Board gives a notice under subsection 52(1) or 53(1) of the Act and while a co-management arrangement in respect of the First Nation’s local revenues or third-party management of its local revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5 from any person who possesses or has control over them, including

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    (a) the First Nations Tax Commission;

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    (b) the First Nations Finance Authority;

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    (g) the First Nation’s auditor; and

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    (h) the person in charge of

    • (i) the Reserve Land Register, the Surrendered and Designated Lands Register, the First Nation Lands Register, as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act, or any register maintained by or for the First Nation in which reserve lands, or interests or rights in reserve lands, are recorded, or

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  Marginal note:Assistance

  (2) The First Nation shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).

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Marginal note:Request for copies — other revenues of a First Nation

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  6.1 (1) At any time after the Board gives a notice under subsection 52.1(1) or 53.1(1) of the Act and while a co-management arrangement in respect of the First Nation’s other revenues or third-party management of its other revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5.1 from any person who possesses or has control over them, including

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    (a) the First Nations Finance Authority;

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    (e) the First Nation’s auditor; and

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    (f) the person in charge of

    • (i) the Reserve Land Register, the Surrendered and Designated Lands Register, the First Nation Lands Register, as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act, or any register maintained by or for the First Nation in which reserve lands, or interests or rights in reserve lands, are recorded, or

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  Marginal note:Assistance

  (2) The First Nation shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).

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Marginal note:Request for copies — other revenues of an Indigenous group

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  6.2 (1) At any time after the Board gives a notice under subsection 52.2(1) or 53.2(1) of the Act and while a co-management arrangement in respect of the Indigenous group’s other revenues or third-party management of its other revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5.2 from any person who possesses or has control over them, including

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    (a) the First Nations Finance Authority;

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Marginal note:Explanations — First Nation

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  7 (1) If a First Nation is required to provide records or documents under section 5 or 5.1, a councillor, employee, law-making delegate or representative of the First Nation shall, at the request of the Board or a manager, made orally or in writing, provide an explanation of the records or documents.

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  Marginal note:Requirement to obtain information

  (2) If a councillor, employee, law-making delegate or representative of the First Nation is not able to provide the requested explanation, they shall, without delay, make every effort to obtain any information, records or documents that are necessary to provide the explanation.

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Marginal note:Maintenance and return of records or documents

8 When the Board or a manager obtains records or documents from a First Nation or Indigenous group, or creates records or documents on behalf of a First Nation or Indigenous group, while a co-management arrangement or third-party management is in effect, the Board or the manager

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  (a) shall maintain care and control over them until they are returned to the First Nation or Indigenous group;

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  (c) subject to paragraph (b), shall return them to the First Nation or Indigenous group, without delay, on termination of the co-management arrangement or third-party management.

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Marginal note:First Nation access to records or documents

9 On receipt of a written request from the council of the First Nation, the Board or a manager shall allow a representative of the council to inspect and copy records or documents referred to in section 8, on any terms and conditions that will ensure the security and safekeeping of the records or documents.

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Marginal note:Copy of order

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  10 (1) If an order is made under paragraph 52(2)(e), 52.1(2)(e) or 52.2(2)(e) of the Act requiring that cheques be co-signed by a manager, the Board or the manager shall provide a copy of the order to each financial institution with which the First Nation or Indigenous group has any ongoing financial arrangements.

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Marginal note:Notice to financial institutions

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  11 (1) If the Board assumes third-party management, the Board or a manager shall provide, to each financial institution with which the First Nation or Indigenous group has any ongoing financial arrangements, a copy of the notice of assumption of third-party management given by the Board to the council of the First Nation or to the Indigenous group.

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Marginal note:Application of Act and regulations to Board

12 For greater certainty, nothing in these Regulations exempts the Board, while acting in the place of the council of a First Nation under paragraph 53(2)(a) or (b) or 53.1(2)(a) or (b) of the Act or in the place of a governing body of an Indigenous group under paragraph 53.2(2)(a) or (b) of the Act, from complying with any of the requirements applicable to the council of the First Nation or to the Indigenous group under the Act and any regulations made under it.

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Marginal note:Notice of law-making

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  12.1 (1) Before making a law under paragraph 53.2(2)(a) of the Act in relation to an Indigenous group named in Schedule 2 to the First Nations Fiscal Management Act Adaptation Regulations, the Board shall give 30 days’ written notice to the Indigenous group, the First Nations Finance Authority and the First Nations Tax Commission, accompanied by a copy of the proposed law, an indication of the timing of the making of the law and the reasons that the Board intends to make the law.

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Marginal note:Scope of implementation

13 The implementation of a co-management arrangement or third-party management in respect of a First Nation or Indigenous group does not preclude the Board from

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  (a) approving a financial administration law in respect of the First Nation made by its council under subsection 9(1) of the Act or made by the Board acting in the place of the council under paragraph 53(2)(a) or 53.1(2)(a) of the Act;

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  (b) issuing a certificate to the First Nation or Indigenous group under subsection 50(3) of the Act or revoking it under subsection 50(4) of the Act.

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Marginal note:Cooperative management — local revenues

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  15 (1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its local revenues or has assumed third-party management of its local revenues, the Board shall work cooperatively with the council of the First Nation, the tax administrator and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its local revenues.

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  Marginal note:Cooperative management — other revenues of a First Nation

  (1.1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its other revenues or has assumed third-party management of its other revenues, the Board shall work cooperatively with the council of the First Nation and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its other revenues.

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Marginal note:Remedial management plan — local revenues

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  16 (1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues or assuming third-party management of its local revenues, the Board or a manager shall review the available information relating to the First Nation’s local revenues and to its local revenue laws and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.

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  Marginal note:Remedial management plan — other revenues of a First Nation

  (1.1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues or assuming third-party management of its other revenues, the Board or a manager shall review the available information relating to the First Nation’s other revenues and to its laws made under section 8.1 of the Act and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.

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Marginal note:Final report — First Nation

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  18 (1) Within six months after the termination of third-party management of a First Nation’s local revenues or other revenues, the Board or a manager shall provide the council of the First Nation with a written report that includes

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    (b) a summary or copy of all laws made by the Board acting in the place of the council of the First Nation under paragraph 53(2)(a) or 53.1(2)(a) of the Act;

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    (d) in the case of third-party management of the First Nation’s local revenues, a copy of the most recent audited financial report or the audited annual financial statements, as the case may be, that were made available to the Board under subsection 14(2) of the Act, and a statement of the revenues deposited to, and any expenditures from, the local revenue account, from the last day covered by the financial report or financial statements, as the case may be, to the most recent date possible;

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    (d.1) in the case of third-party management of the First Nation’s other revenues, a copy of the most recent accounting information that was provided to the Board under section 14.1 of the Act, if applicable, and a statement of any deposits and expenditures of other revenues, from the last day covered by the accounting information to the most recent date possible; and

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  Marginal note:Report

  (2) Within six months after the termination of co-management without assuming third-party management, the Board or a manager shall provide the council of the First Nation, or the Indigenous group, with a written report that includes

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Marginal note:Meeting to review reports

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  19 (1) Within 45 days after delivery to the council of the First Nation, or to the Indigenous group, of the remedial management plan provided under section 16 or a report provided under section 18, the council of the First Nation, or the Indigenous group, may deliver a written request to the Board or a manager to meet to review the plan or report.

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  Marginal note:Time limit for meeting

  (2) Within 30 days after the date of the acknowledgement of receipt of the request, the Board or a manager shall meet with the council of the First Nation, or a representative of the Indigenous group, to review the plan or report and respond to questions about it.

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Marginal note:Records of fees and disbursements

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  Marginal note:Invoices

  (2) The Board shall invoice the First Nation or Indigenous group, not more than once each month, for the amount of fees and disbursements that have been invoiced to the Board since the date of the last invoice rendered to the First Nation or Indigenous group under this subsection, plus 10% of that amount.

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  Marginal note:Final invoice

  (3) After termination of a co-management arrangement or third-party management, the Board shall send a final invoice to the First Nation or Indigenous group within nine months after the date on which the notice of termination is given under subsection 52(3), 52.1(3), 52.2(3), 53(6), 53.1(8) or 53.2(8) of the Act, as the case may be.

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  Marginal note:Form of invoices

  (4) Each invoice sent to the First Nation or Indigenous group shall set out the nature and amounts of the fees and disbursements and shall include a copy of any invoices received by the Board from a manager or the other persons referred to in subsection (1).

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  Marginal note:Debt

  (5) The First Nation or Indigenous group shall pay to the Board the amounts that have been invoiced under this section within 30 days after the day on which each invoice is received or within any longer period that is agreed to by the Board and the First Nation or Indigenous group.

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Marginal note:Funding of required interventions

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  20.1 (1) If the following conditions are met, the Board shall give notice, in writing, to the First Nations Finance Authority, the First Nations Tax Commission and the Minister of the Board’s intention to send the Authority any invoices referred to in section 20 that have not been paid by the First Nation or Indigenous group before or on the day on which they are due:

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    (b) the Board is of the opinion that the First Nation or Indigenous group does not have funds available to pay the invoices and that, if it were required to do so, it would go further into debt without any reasonable ability to discharge its debts; and

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  Marginal note:Invoices to Authority

  (2) The Board may send the First Nations Finance Authority the invoices referred to in subsection (1) no earlier than 30 days after the day on which the notice is given to the Authority.

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  Marginal note:Payment of invoices

  (3) Unless the First Nations Finance Authority receives a notice under subsection (4), it shall pay to the Board the amounts invoiced within 30 days after the day on which the invoices are received.

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  Marginal note:Change of circumstances

  (4) If a condition set out in paragraph (1)(b) or (c) ceases to be met after the notice referred to in subsection (1) is given, the Board shall give notice of that fact in writing to the First Nations Finance Authority, the First Nations Tax Commission and the Minister.

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Marginal note:Written notices

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  21 (1) The following notices and orders given by the Board shall be in writing:

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    (a) a notice given to the council of a First Nation under subsection 52(1) or (3) or 52.1(1) or (3) of the Act or to an Indigenous group under subsection 52.2(1) or (3) of the Act;

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    (c) a notice given to the First Nations Finance Authority and the First Nations Tax Commission under subsection 52(5), 52.1(5) or 52.2(5) of the Act;

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    (d) a notice given to the council of a First Nation under subsection 53(1) or (6) or 53.1(1) or (8) of the Act or to an Indigenous group under subsection 53.2(1) or (8) of the Act;

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    (f) a notice given to the First Nations Finance Authority and the First Nations Tax Commission under subsection 53(8), 53.1(10) or 53.2(10) of the Act.

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  Marginal note:Copy to Authority and Commission

  (1.1) The Board shall provide the First Nations Finance Authority and the First Nations Tax Commission with a copy of a notice given to the council of a First Nation under subsection 52(1) or (3), 52.1(1) or (3), 53(1) or (6) or 53.1(1) or (8) of the Act or to an Indigenous group under subsection 52.2(1) or (3) or 53.2(1) or (8) of the Act.

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  Marginal note:Copy to the Minister

  (2) The Board shall provide the Minister with a copy of a notice given to the council of a First Nation under subsection 53(6) or 53.1(8) of the Act.

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Marginal note:Methods of delivery

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  (2) A record, notice, report, copy, order, invoice, request or any other document referred to in these Regulations may be delivered personally

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    (b) to a First Nation or its council, by leaving it with the person apparently in charge, at the time of delivery, of the administrative office of the First Nation, or with the First Nation’s legal counsel;

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5 The heading before section 1 and sections 1 to 141.2 of the Act are adapted as follows:

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Marginal note:Short title

1 This Act may be cited as the First Nations Fiscal Management Act.

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Marginal note:Definitions

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  2 (1) The following definitions apply in this Act.

  borrowing law

  borrowing law  means a law made by an Indigenous group respecting the borrowing from the First Nations Finance Authority of money that is secured by other revenues, including any authorization to enter into a particular borrowing agreement with that Authority. (texte législatif sur les emprunts)

  borrowing member

  borrowing member  means a First Nation or Indigenous group that has been accepted as a borrowing member under subsection 76(2) or (3) and has not ceased to be a borrowing member under section 77. (membre emprunteur)

  First Nation

  First Nation  means a band named in the schedule. (première nation)

  First Nations Finance Authority

  First Nations Finance Authority  means the corporation established under section 58. (Administration financière des premières nations)

  First Nations Financial Management Board

  First Nations Financial Management Board  means the board established under subsection 38(1). (Conseil de gestion financière des premières nations)

  First Nations Gazette

  First Nations Gazette means the publication published under section 34. (Gazette des premières nations)

  First Nations Infrastructure Institute

  First Nations Infrastructure Institute  means the institute established under subsection 102(1). (Institut des infrastructures des premières nations)

  First Nations Tax Commission

  First Nations Tax Commission  means the commission established under subsection 17(1). (Commission de la fiscalité des premières nations)

  Indigenous group

  Indigenous group , except in sections 50.1 and 141, means an Indigenous group that is a party to a treaty or self-government agreement with Canada and that is named in Schedule 1 or 2 to the First Nations Fiscal Management Act Adaptation Regulations. (groupe autochtone)

  intermediate account

  intermediate account  means an account established by a First Nation or Indigenous group in which other revenues to be used for financing under this Act are deposited and out of which the First Nations Finance Authority is authorized to transfer such revenues to a secured revenues trust account of the First Nation or Indigenous group. (compte intermédiaire)

  local revenues

  local revenues  means moneys raised under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a). (recettes locales)

  other revenues

  other revenues  means

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    (a) in relation to a First Nation,

    • (i) tax revenues and fees imposed or collected by the First Nation under a law or agreement, other than

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      • (B) revenues from taxes administered by His Majesty in right of Canada on the First Nation’s behalf, including under the First Nations Goods and Services Tax Act, unless an agreement between them specifically permits the use of the revenues as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied,

    • (ii) royalties payable to the First Nation under the Framework Agreement, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act, or under the First Nations Oil and Gas and Moneys Management Act,

    • (iii) royalties payable to His Majesty in right of Canada under the Indian Act or the Indian Oil and Gas Act on behalf of the First Nation, if the First Nation has assumed control of its moneys under the First Nations Oil and Gas and Moneys Management Act,

    • (iv) revenues that are from leases, permits or other instruments or acts authorizing the use of reserve land issued under the Indian Act and that the First Nation has assumed control of under the First Nations Oil and Gas and Moneys Management Act,

    • (v) revenues from leases, permits or other instruments or acts authorizing the use of reserve land issued under the Framework Agreement, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act,

    • (vi) revenues otherwise payable to the First Nation under any agreement with a person other than His Majesty in right of Canada — with the exception of revenues collected by His Majesty in right of Canada on the First Nation’s behalf unless an agreement between them specifically permits their use as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied,

    • (vii) revenues, other than local revenues, received by the First Nation from businesses wholly or partly owned by it, including dividends from shares owned by it,

    • (viii) transfers from a provincial, regional, municipal or local government to the First Nation,

    • (ix) transfers from His Majesty in right of Canada to the First Nation if the agreement governing the transfer specifically permits the use of the transfer as security for a loan referred to in paragraph 74(b) and if any other applicable conditions are satisfied,

    • (x) interest earned by the First Nation on deposits, investments or loans, other than interest held by His Majesty in right of Canada on the First Nation’s behalf, and

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    (b) in relation to an Indigenous group,

    • (i) tax revenues and fees imposed or collected by the Indigenous group under a law or an agreement, other than

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      • (C) revenues from taxes administered by His Majesty in right of Canada on the Indigenous group’s behalf, including under the First Nations Goods and Services Tax Act, unless an agreement between them specifically permits the use of the revenues as security for a loan referred to in paragraph 74(b.1) and any other applicable conditions are satisfied,

  secured revenues trust account

  secured revenues trust account  means an account established by the First Nations Finance Authority and a First Nation or Indigenous group in which other revenues to be used for financing under this Act are maintained. (compte de recettes en fiducie garanti)

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  (3) At the request of the council of a band, the Minister may, by order, amend the schedule in order to

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    (b) delete the name of the band, as long as there are no amounts owing by the band to the First Nations Finance Authority that remain unpaid.

PART 1First Nations Fiscal Powers

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Marginal note:Financial administration laws

4 The council of a First Nation may not make a law under paragraph 5(1)(d) or 8.1(1)(a) until the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and that law has been approved by the First Nations Financial Management Board.

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Marginal note:Local revenue laws

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  5 (1) Subject to sections 4 and 6 and any regulations made under paragraph 36(1)(d), the council of a First Nation may make laws

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    (d) respecting the borrowing of money from the First Nations Finance Authority that is secured by local revenues, including any authorization to enter into a particular borrowing agreement with that Authority;

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    (e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.1), including

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    • (vi) the recovery of costs that are incurred by the First Nation for the enforcement of those laws;

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    (g) delegating to the First Nations Financial Management Board any of the council’s other powers that are required to give effect to a co-management arrangement entered into under section 52 or to give effect to third-party management under section 53.

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  Marginal note:Approval required

  (2) A law made under subsection (1) does not have any force or effect until it is approved by the First Nations Tax Commission.

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  (3) A law made under subsection (1) comes into force on the later of

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    (b) the day after it is approved by the First Nations Tax Commission.

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  Marginal note:Application to competent court

  (5) The First Nation may apply to a court of competent jurisdiction for an order directing the person or entity named in the application to comply with a local revenue law, such as by

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  Marginal note:Collection — competent court

  (6) The First Nation may commence a proceeding in a court of competent jurisdiction to collect an amount owing to the First Nation under a local revenue law.

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  Marginal note:Enforcement — Framework Agreement on First Nation Land Management Act

  (6.1) If a First Nation has adopted a land code as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act or the council of a First Nation has enacted a First Nation law as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.1(a) of the Framework Agreement, as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a local revenue law.

• [...]

  Marginal note:Assignment of interest or right

  (7) Despite the Indian Act or any instrument or act conferring an interest or right in reserve lands, if there are outstanding taxes payable under a law made under paragraph (1)(a) for more than two years, the First Nation may assign the interest or right in accordance with the conditions and procedures prescribed by regulation.

[...]

Marginal note:Notice of proposed laws

• [...]

  6 (1) At least 30 days — or any longer period fixed by a standard made under subsection 35(1) — before making a law under paragraph 5(1)(a), (a.1) or (c), including a law repealing or amending such a law, other than a law referred to in subsection 10(1), the council of a First Nation shall

  • [...]

    (a) publish a notice of the proposed law in the First Nations Gazette;

  • [...]

    (b) post the notice in a public place on the reserve lands of the First Nation; and

  • [...]

    (c) send the notice, by mail or electronic means, to the First Nations Tax Commission.

• [...]

  Marginal note:Exemption

  (2) The First Nations Tax Commission may exempt a First Nation from the requirements of subsection (1) in respect of an amendment of a law if the Commission considers that the amendment is not significant.

• [...]

• [...]

  Marginal note:Council to consider representations

  (4) Before making a law under paragraph 5(1)(a), (a.1) or (c), the council of a First Nation shall consider any representations that were made in accordance with paragraph (3)(c) or at a meeting referred to in paragraph (3)(d).

[...]

Marginal note:Further representations

7 When the council of a First Nation sends a law made under paragraph 5(1)(a), (a.1) or (c), other than a law referred to in subsection 10(1), to the First Nations Tax Commission for its approval, the council shall

[...]

[...]

Marginal note:Information accompanying property taxation law

• [...]

  8 (1) A property taxation law — including an amendment of a property taxation law — shall, when submitted to the First Nations Tax Commission for approval, be accompanied by

  [...]

• [...]

  Marginal note:Exemption

  (2) The First Nations Tax Commission may exempt a First Nation from the requirements of subsection (1) in respect of an amendment of a property taxation law if the Commission considers that the amendment is not significant.

• [...]

  Marginal note:Accompanying information

  (3) A law made under paragraph 5(1)(a.1) or (c), when submitted to the First Nations Tax Commission for approval, shall be accompanied by

  [...]

• [...]

  Marginal note:Evidence law duly made

  (4) A law made under any of paragraphs 5(1)(b) and (d) to (g) that is submitted to the First Nations Tax Commission for approval shall be accompanied by evidence that it was duly made by the council.

• [...]

  Marginal note:Additional information on request

  (5) At the request of the First Nations Tax Commission, a First Nation shall provide any documents that the Commission requires in order to

  [...]

[...]

Marginal note:Other revenues laws

• [...]

  8.1 (1) The council of a First Nation may make laws

  • [...]

    (a) respecting the borrowing from the First Nations Finance Authority of money that is secured by other revenues, including any authorization to enter into a particular borrowing agreement with that Authority;

  • [...]

  • [...]

    (c) delegating to the First Nations Financial Management Board any of the council’s other powers that are required to give effect to a co-management arrangement entered into under section 52.1 or to give effect to third-party management under section 53.1.

• [...]

• [...]

  Marginal note:Publication

  (5) The First Nation shall publish all laws made under paragraphs (1)(b) and (c) in the First Nations Gazette.

[...]

Marginal note:Financial administration laws

• [...]

  9 (1) The council of a First Nation may make laws

  • [...]

    (a) respecting the financial administration of the First Nation; and

• [...]

  Marginal note:Approval required

  (2) A law made under subsection (1), including any amendment of such a law, does not have any force or effect until it is approved by the First Nations Financial Management Board.

• [...]

  Marginal note:Conditions for approval

  (2.1) The First Nations Financial Management Board shall not approve a law made under subsection (1) unless it was made in accordance with this Act, the regulations and, in all material respects, any standards established under paragraph 55(1)(a).

• [...]

  (3) A law made under subsection (1) comes into force on the later of

  • [...]

  • [...]

    (b) the day after it is approved by the First Nations Financial Management Board.

• [...]

  Marginal note:Evidence law duly made

  (4) A law made under subsection (1) that is submitted to the First Nations Financial Management Board for approval shall be accompanied by evidence that it was duly made by the council.

• [...]

  Marginal note:Additional information on request

  (5) At the request of the First Nations Financial Management Board, a First Nation shall provide any documents that the Board requires in order to

  [...]

• [...]

  Marginal note:Judicial notice

  (6) In any proceedings, judicial notice may be taken of a law that is made under subsection (1) and approved by the First Nations Financial Management Board under subsection (2).

[...]

Marginal note:Repeal of financial administration law

9.1 A borrowing member shall not repeal a financial administration law made under subsection 9(1) that has been approved by the First Nations Financial Management Board unless that law is replaced by another financial administration law that has been approved by the Board.

[...]

Marginal note:Law under paragraph 5(1)(a)

• [...]

  10 (1) A council of a First Nation that makes a property taxation law that requires a rate of tax to be set annually shall also make a law under paragraph 5(1)(a) setting the rate of tax to be applied to the assessed value of each class of lands and interests or rights at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1).

• [...]

  Marginal note:Law under paragraph 5(1)(b)

  (2) A council of a First Nation that makes a property taxation law or that makes a law under paragraph 5(1)(a.1) shall also make a law under paragraph 5(1)(b) establishing a budget for the expenditure of local revenues at least once each year on or before the date prescribed by regulation or, if none is so prescribed, on or before the date fixed by standards established under subsection 35(1).

[...]

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

• [...]

  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:Legal capacity of first nations

12 For greater certainty, for the purposes of Part 4, a borrowing member has the capacity to contract and to sue and be sued.

[...]

Marginal note:Local revenue account

• [...]

  13 (1) Local revenues of a First Nation shall be placed in a local revenue account with a financial institution, separate from other moneys of the First Nation.

[...]

Marginal note:Expenditure not authorized by law

13.1 Despite subsection 13(2), a First Nation is authorized to make an expenditure of local revenues other than under the authority of a law made under paragraph 5(1)(b) in one of the following circumstances:

• [...]

  (a) in the case where no law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the First Nation, after making that expenditure, makes a law under that paragraph that authorizes the making of that expenditure; or

• [...]

  (b) in the case where a law has already been made under that paragraph establishing a budget for the year in which that expenditure is made, the First Nation is satisfied that the making of that expenditure constitutes an urgent measure and the First Nation, as soon as feasible after making the expenditure, amends that law to authorize the making of that expenditure.

[...]

Marginal note:Local revenues

• [...]

  14 (1) Local revenues of a First Nation shall be reported on and accounted for separately from other moneys of the First Nation in compliance with the standards established under paragraph 55(1)(d).

• [...]

  Marginal note:Audited reports

  (1.1) For the purposes of subsection (1), the First Nation shall prepare a financial report on its local revenues that shall be audited at least once each year. However, if it is authorised by a standard established under paragraph 55(1)(d), the First Nation may instead report on its local revenues in its audited annual financial statements as a distinct segment of the activities that appear in the statements.

• [...]

  (2) The audited financial report or the audited annual financial statements, as the case may be, shall be made available to

  • [...]

    (a) the members of the First Nation;

  • [...]

    (b) any other persons who have an interest or right in the First Nation’s reserve lands;

  • [...]

    (c) the First Nations Tax Commission, the First Nations Financial Management Board and the First Nations Finance Authority; and

[...]

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).

[...]

[...]

Marginal note:Request for review

• [...]

  15.1 (1) On the request of an Indigenous group, the First Nations Financial Management Board shall review

  [...]

• [...]

  Marginal note:Additional information

  (2) The First Nations Financial Management Board may request the Indigenous group to provide any documents that the Board requires to conduct its review.

• [...]

  Marginal note:Review

  (3) The First Nations Financial Management Board shall review the laws, constitution and treaty or self-government agreement referred to in subsection (1) to determine whether they meet the following requirements:

  [...]

• [...]

  Marginal note:Compliance opinion

  (4) If the First Nations Financial Management Board is of the opinion that the requirements of paragraphs (3)(a) and (b) are met, it shall provide a written opinion to that effect to the Indigenous group.

• [...]

  Marginal note:Copies to Board

  (5) If, after receipt of an opinion referred to in subsection (4), the Indigenous group makes a law, amends its constitution or has its treaty or self-government agreement amended, the Indigenous group shall, within 60 days after the day on which the law is made or the constitution, treaty or agreement is amended, provide the First Nations Financial Management Board with a copy of the law or the amended constitution, treaty or agreement.

• [...]

  Marginal note:Review of changes

  (6) Within 60 days after the day on which the First Nations Financial Management Board receives the copy referred to in subsection (5), the Board shall review the law or the amended constitution, treaty or self-government agreement to decide whether its content materially affects the opinion given under subsection (4) and shall provide the Indigenous group and the First Nations Finance Authority with notice of its decision and the reasons for it.

[...]

Marginal note:Laws — Schedule 1

• [...]

  15.2 (1) The laws of an Indigenous group named in Schedule 1 to the First Nations Fiscal Management Act Adaptation Regulations shall satisfy the following conditions:

  [...]

• [...]

  Marginal note:Laws — Schedule 2

  (2) The laws of an Indigenous group named in Schedule 2 to the First Nations Fiscal Management Act Adaptation Regulations shall satisfy the following conditions:

  [...]

[...]

Marginal note:Reporting of other revenues

15.3 If an Indigenous group is using other revenues as security for a loan from the First Nations Finance Authority, the Indigenous group 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.

PART 2First Nations Tax Commission

[...]

[...]

16 The following definitions apply in this Part.

Commission

Commission  means the First Nations Tax Commission. (Commission)

[...]

[...]

Marginal note:Commission

• [...]

  17 (1) There is hereby established a commission, to be known as the First Nations Tax Commission, consisting of 10 commissioners, including a Chief Commissioner and Deputy Chief Commissioner.

[...]

[...]

Marginal note:Appointment of commissioners

• [...]

• [...]

  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.

[...]

[...]

29 The purposes of the Commission are to

• [...]

  (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;

[...]

[...]

Marginal note:Powers

30 In furtherance of the purposes set out in section 29, the Commission may enter into cooperative arrangements and shared-cost ventures with national and international organizations to consult on or sell products or services developed for First Nations who have made property taxation laws.

[...]

[...]

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

  • [...]

    (a) the First Nation has obtained and forwarded to the Commission a certificate in respect of their financial performance, issued by the First Nations Financial Management Board under subsection 50(3); and

  • [...]

    (b) the First Nation has sufficient unutilized borrowing capacity in respect of that loan.

• [...]

  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: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:Review on request

• [...]

  33 (1) On the request in writing by a member of a First Nation, or by a person who holds an interest or right in reserve lands, who

  • [...]

    (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,

  • [...]

    (b) has requested the council of the First Nation to remedy the situation, and

  [...]

• [...]

  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: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

  • [...]

    (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 under section 52 or assume third-party management under section 53 to remedy the situation.

[...]

Marginal note:First Nations Gazette

• [...]

  34 (1) All local revenue laws approved by the Commission and all standards and procedures established by the Commission under section 35 shall be published in the First Nations Gazette.

• [...]

  Marginal note:Frequency of publication

  (2) The Commission shall publish the First Nations Gazette at least once in each calendar year.

[...]

[...]

Marginal note:Standards

• [...]

  35 (1) The Commission may establish standards, not inconsistent with the regulations, respecting

  • [...]

  • [...]

    (c.01) criteria for the approval of local revenue laws respecting reserve lands that have been set apart for the use and benefit of more than one First Nation, including criteria in relation to the First Nations entering into agreements in relation to the administration of those local revenue laws and criteria in respect of those agreements;

  • [...]

  • [...]

    (e) the dates on or before which laws must be made by a council of a First Nation under section 10.

• [...]

  (2) The Commission may establish procedures respecting

  • [...]

  • [...]

    (d) resolution of disputes with First Nations concerning the taxation of interests or rights on reserve lands.

[...]

[...]

Marginal note:Functions and powers

• [...]

• [...]

  Marginal note:No identifying information

  (2) The Commission shall ensure that no First Nation, Indigenous group, 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, Indigenous group, 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, Indigenous group, 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.

[...]

[...]

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

  • [...]

  • [...]

    (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),

  • [...]

    (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).

• [...]

• [...]

  (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;

PART 3First Nations Financial Management Board

[...]

[...]

Marginal note:Definition of Board

37 In this Part, Board means the First Nations Financial Management Board.

[...]

[...]

Marginal note:Establishment

• [...]

  38 (1) There is established a board, to be known as the First Nations Financial Management Board, to be managed by a board of directors consisting of a minimum of nine and a maximum of 13 directors, including a Chairperson and Vice-Chairperson.

[...]

[...]

Marginal note:Appointment of additional directors

• [...]

• [...]

  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, of Indigenous groups 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.

[...]

[...]

49 The purposes of the Board are to

• [...]

  (a) assist First Nations, Indigenous groups and entities referred to in subsection 50.1(1) in developing the capacity to meet their financial management requirements;

• [...]

  (a.1) assist First Nations, Indigenous groups and entities referred to in subsection 50.1(1) in developing and implementing laws and by-laws respecting financial administration;

• [...]

  (b) assist First Nations, Indigenous groups and entities referred to in paragraphs 50.1(1)(a) to (c) in their dealings with different levels of governments respecting financial management, including matters of accountability and shared fiscal responsibility;

• [...]

  (c) assist First Nations, Indigenous groups and entities referred to in paragraphs 50.1(1)(a) to (c) in the development, implementation and improvement of financial relationships with financial institutions, business partners and different levels of governments, to enable the economic and social development of First Nations, of Indigenous groups and of those entities;

• [...]

  (d) develop and support the application of general credit rating criteria to First Nations and Indigenous groups;

• [...]

  (e) provide review and audit services respecting First Nation and Indigenous group financial management;

• [...]

  (f) provide assessment and certification services respecting First Nation and Indigenous group financial management and financial performance;

• [...]

• [...]

  (g.1) provide First Nations, Indigenous groups and entities referred to in subsection 50.1(1) with monitoring and reporting services respecting the implementation of laws and by-laws respecting financial administration and the compliance of those laws and by-laws with applicable standards;

• [...]

• [...]

  (i) provide advice, policy research and review and evaluative services on the development of fiscal arrangements between different levels of governments and First Nations or Indigenous groups, as well as on the development of fiscal arrangements between different levels of governments and entities referred to in paragraphs 50.1(1)(a) to (c);

• [...]

• [...]

  (k) assist First Nations, Indigenous groups, entities referred to in subsection 50.1(1), other levels of government and public and private organizations in the development and implementation of fiscal and economic proposals that contribute to responding to the Truth and Reconciliation Commission of Canada’s Calls to Action and to implementing the United Nations Declaration on the Rights of Indigenous Peoples; and

[...]

[...]

Marginal note:Review of financial management system

• [...]

  50 (1) On the request of the council of a First Nation or the request of an Indigenous group, the Board may review the First Nation’s or Indigenous group’s financial management system or financial performance for compliance with the standards established under subsection 55(1).

• [...]

  Marginal note:Report

  (2) On completion of a review under subsection (1), the Board shall provide to the First Nation or Indigenous group a report setting out

  • [...]

  • [...]

    (b) an opinion as to whether the First Nation or Indigenous group was in compliance with the standards or as to which aspects of the standards were not complied with by the First Nation or Indigenous group.

• [...]

  Marginal note:Issuance of certificate

  (3) If after completing a review under subsection (1) the Board is of the opinion that the First Nation or Indigenous group was in compliance, in all material respects, with the standards, it shall issue to the First Nation or Indigenous group a certificate to that effect.

• [...]

  Marginal note:Revocation of certificate

  (4) The Board may, on giving notice to a council of a First Nation or to an Indigenous group, revoke a certificate issued under subsection (3) if, on the basis of financial or other information available to the Board, it is of the opinion that

  • [...]

  • [...]

    (b) the First Nation or Indigenous group provided information that is incomplete or incorrect or made misrepresentations to the Board; or

  • [...]

    (c) the First Nation or Indigenous group is no longer in compliance, in all material respects, with the standards.

[...]

Marginal note:Review and monitoring

• [...]

  50.01 (1) On the request of a First Nation or Indigenous group or under the terms of an agreement between a First Nation and any level of government, the Board may review or monitor

  • [...]

    (a) the implementation of laws of the First Nation or Indigenous group respecting financial administration;

  • [...]

    (b) the compliance of laws of the First Nation respecting financial administration with the standards established under paragraph 55(1)(a);

  • [...]

  • [...]

    (c) the First Nation’s compliance with the standards established under paragraph 55(1)(c) or (d); and

• [...]

  Marginal note:Report

  (2) On completion of a review, or from time to time while carrying out monitoring, the Board shall provide to the First Nation or Indigenous group a report setting out its findings and any recommendations.

[...]

Marginal note:Review of financial management system — non-scheduled entities

• [...]

  50.1 (1) On the request of any of the following entities, the Board may review the entity’s financial management system, financial performance or laws or by-laws respecting financial administration to determine whether it is in compliance, in all material respects, with the standards established under subsection (3):

  • [...]

  • [...]

    (c) an Indigenous group — other than one named in Schedule 1 or 2 to the First Nations Fiscal Management Act Adaptation Regulations — that is a party to a treaty, land claims agreement or self-government agreement with Canada or with a province, or an entity established under, or as a result of, such a treaty or agreement;

  • [...]

    (d) an entity — owned or controlled by one or more First Nations or entities referred to in paragraph (a), (b) or (c) — whose mandate is primarily to promote the well-being or advancement of Indigenous people; or

• [...]

• [...]

  Marginal note:First Nations Gazette

  (6) All standards established by the Board under subsection (3) shall be published in the First Nations Gazette.

[...]

[...]

Marginal note:Required intervention — local revenues

• [...]

  51 (1) On receipt of a notice from the First Nations Tax Commission under paragraph 33(3)(b) or from the First Nations Finance Authority under subsection 86(4), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52 or assume third-party management in accordance with section 53, as the Board sees fit.

• [...]

  Marginal note:Required intervention — other revenues of a First Nation

  (2) On receipt of a notice from the First Nations Finance Authority under subsection 86(5) in relation to a First Nation, the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52.1 or assume third-party management in accordance with section 53.1, as the Board sees fit.

[...]

Marginal note:Required intervention — other revenues of an Indigenous group

51.1 On receipt of a notice from the First Nations Finance Authority under subsection 86(5) in relation to an Indigenous group, the Board shall either require the Indigenous group to enter into a co-management arrangement in accordance with section 52.2 or assume third-party management in accordance with section 53.2, as the Board sees fit.

[...]

Marginal note:Imposed co-management — local revenues

• [...]

  52 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues, including its local revenue account,

  • [...]

    (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by local revenues; or

• [...]

  (2) Under the co-management arrangement, the Board may

  • [...]

    (a) recommend amendments to a law of the First Nation made under any of paragraphs 5(1)(a) to (f) or subsection 9(1);

  • [...]

    (b) recommend changes to the First Nation’s expenditures or budgets with respect to its local revenues;

  • [...]

    (c) recommend improvements to the First Nation’s financial management system with respect to its local revenues;

  • [...]

    (d) recommend changes to the delivery of programs and services paid for out of the First Nation’s local revenues;

  • [...]

    (e) order that expenditures of local revenues of the First Nation be approved by, or paid with cheques co-signed by, a manager appointed by the Board; and

  • [...]

    (f) with respect to local revenues, exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority.

• [...]

  Marginal note:Termination by Board

  (3) The Board may terminate the co-management arrangement on giving notice to the council of the First Nation that the Board is of the opinion that

  • [...]

    (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by local revenues;

  • [...]

    (b) in the case of a First Nation that was in default of a payment obligation to the First Nations Finance Authority relating to a loan secured by local revenues, the First Nation has remedied the default;

  • [...]

  • [...]

    (d) third-party management of the First Nation’s local revenues is required.

• [...]

• [...]

  Marginal note:Notice

  (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of the co-management arrangement.

[...]

Marginal note:Imposed co-management — other revenues of a First Nation

• [...]

  52.1 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority,

  • [...]

    (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or

• [...]

  (2) Under the co-management arrangement, the Board may

  • [...]

    (a) recommend amendments to a law of the First Nation made under any of paragraphs 8.1(1)(a) or (b) or subsection 9(1);

  • [...]

    (b) recommend changes to the First Nation’s expenditures or budgets with respect to its other revenues;

  • [...]

    (c) recommend improvements to the First Nation’s financial management system with respect to its other revenues;

  • [...]

    (d) recommend changes to the delivery of programs and services that are paid for out of the First Nation’s other revenues;

  • [...]

    (e) order that expenditures of other revenues of the First Nation be approved by, or paid with cheques co-signed by, a manager appointed by the Board; and

  • [...]

    (f) with respect to other revenues, exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority.

• [...]

  Marginal note:Termination by Board

  (3) The Board may terminate the co-management arrangement on giving notice to the council of the First Nation that the Board is of the opinion that

  • [...]

    (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues;

  • [...]

    (b) in the case of a First Nation that was in default of a payment obligation to the First Nations Finance Authority relating to a loan secured by other revenues, the First Nation has remedied the default;

  • [...]

  • [...]

    (d) third-party management of the First Nation’s other revenues is required.

• [...]

• [...]

  Marginal note:Notice

  (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of the co-management arrangement.

[...]

Marginal note:Imposed co-management — other revenues of an Indigenous group

• [...]

  52.2 (1) The Board may, on giving notice to an Indigenous group, require the Indigenous group to enter into a co-management arrangement in respect of the Indigenous group’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority,

  • [...]

    (a) if, in the opinion of the Board, there is a serious risk that the Indigenous group will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or

• [...]

  (2) Under the co-management arrangement, the Board may

  • [...]

  • [...]

    (f) with respect to other revenues, exercise any powers delegated to the Board under a law of the Indigenous group or under an agreement between the Indigenous group and the Board or the Indigenous group and the First Nations Finance Authority.

• [...]

  (3) The Board may terminate the co-management arrangement on giving notice to the Indigenous group that the Board is of the opinion that

  • [...]

    (a) there is no longer a serious risk that the Indigenous group will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues;

  • [...]

    (b) in the case of an Indigenous group that was in default of a payment obligation to the First Nations Finance Authority relating to a loan secured by other revenues, the Indigenous group has remedied the default;

• [...]

• [...]

  Marginal note:Notice

  (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of the co-management arrangement.

[...]

Marginal note:Third-party management — local revenues

• [...]

  53 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s local revenues, including its local revenue account,

  • [...]

  • [...]

    (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by local revenues; or

• [...]

  Marginal note:Powers

  (2) If the Board assumes third-party management of the local revenues of a First Nation, the Board has the exclusive authority to

  • [...]

    (a) subject to subsection (3), act in the place of the council of the First Nation to make laws under paragraphs 5(1)(a) to (f) and subsection 9(1);

  • [...]

    (b) act in the place of the council of the First Nation to

    • [...]

    • (ii) manage the First Nation’s local revenues, including the local revenue account,

    • [...]

    • (iv) provide for the delivery of programs and services that are paid for out of the First Nation’s local revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets;

  • [...]

  • [...]

    (d) with respect to local revenues, exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority.

• [...]

  Marginal note:Delegation — consent of council required

  (3) The Board shall not make a law under paragraph 5(1)(f) or 9(1)(b) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the local revenues of a First Nation, unless the council of the First Nation gives its consent.

• [...]

  Marginal note:Prohibition

  (4) The council of the First Nation shall not, during the time that the board assumes third-party management of the First Nation’s local revenues, repeal any law made under paragraph 5(1)(g).

• [...]

  Marginal note:Review every six months

  (5) Where the Board has assumed third-party management of a First Nation’s local revenues, it shall review the need for third-party management at least once every six months and advise the First Nations Finance Authority, the First Nations Tax Commission and the council of the First Nation of the results of its review.

• [...]

  Marginal note:Board not agent or mandatary

  (5.1) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority or the First Nations Tax Commission while exercising its exclusive authority under subsection (2).

• [...]

  Marginal note:Termination by Board

  (6) The Board may terminate third-party management of a First Nation’s local revenues, on giving notice to the council of the First Nation, if

  • [...]

    (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by local revenues and the Authority consents to the termination in writing;

  • [...]

    (b) in the case of a First Nation that was in default of an obligation to the First Nations Finance Authority relating to a loan secured by local revenues, it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing;

  • [...]

    (c) it is of the opinion that the situation for which third-party management of the First Nation’s local revenues was required has been remedied; or

  • [...]

    (d) in the case of third-party management that was assumed by the Board following receipt of a notice under subsection 86(4), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request.

• [...]

• [...]

  Marginal note:Notice

  (8) The Board shall advise the First Nations Finance Authority and First Nations Tax Commission of the assumption or termination of third-party management of a First Nation’s local revenues.

[...]

Marginal note:Third-party management — other revenues of a First Nation

• [...]

  53.1 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority,

  • [...]

  • [...]

    (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or

• [...]

  Marginal note:Powers

  (2) If the Board assumes third-party management of the other revenues of a First Nation, the Board has the exclusive authority to

  • [...]

    (a) subject to subsection (5), act in the place of the council of the First Nation to make laws under paragraphs 8.1(1)(a) and (b) and subsection 9(1);

  • [...]

    (b) act in the place of the council of the First Nation to

    • [...]

    • (ii) manage the First Nation’s other revenues,

    • (iii) manage assets of the First Nation that are generating other revenues, including by exercising any powers of the council to terminate an agreement, or enter into a new agreement, in respect of those assets,

    • [...]

    • (v) provide for the delivery of programs and services that are paid for out of the First Nation’s other revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets; and

  • [...]

    (c) with respect to other revenues, exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority.

• [...]

  Marginal note:Scope of power

  (3) In exercising the authority referred to in subparagraph (2)(b)(ii), the Board may manage other revenues of a First Nation that were received before, or that are received after, the Board assumes management of the First Nation’s other revenues, including those that are comingled with other moneys of the First Nation. However, the Board may not manage the First Nation’s other revenues that are in a secured revenues trust account or an intermediate account.

• [...]

  Marginal note:Board not agent or mandatary

  (4) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority while exercising its exclusive authority under subsection (2).

• [...]

  Marginal note:Delegation — consent of council required

  (5) The Board shall not make a law under paragraph 8.1(1)(b) or 9(1)(b) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the other revenues of a First Nation, unless the council of the First Nation gives its consent.

• [...]

  Marginal note:Prohibition

  (6) The council of a First Nation shall not, during the time that the Board assumes third-party management of the First Nation’s other revenues, repeal any law made under paragraph 8.1(1)(c).

• [...]

  Marginal note:Review every six months

  (7) If the Board has assumed third-party management of a First Nation’s other revenues, it shall review the need for third-party management at least once every six months and advise the First Nations Finance Authority, the First Nations Tax Commission and the council of the First Nation of the results of its review.

• [...]

  Marginal note:Termination by Board

  (8) The Board may terminate third-party management of a First Nation’s other revenues, on giving notice to the council of the First Nation, if

  • [...]

    (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues and the Authority consents to the termination in writing;

  • [...]

    (b) in the case of a First Nation that was in default of an obligation to the First Nations Finance Authority relating to a loan secured by other revenues, it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing;

  • [...]

    (c) it is of the opinion that the situation for which third-party management of the First Nation’s other revenues was required has been remedied; or

  • [...]

    (d) in the case of third-party management that was assumed by the Board following receipt of a notice under subsection 86(5), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request.

• [...]

• [...]

  Marginal note:Notice

  (10) The Board shall advise the First Nations Finance Authority and First Nations Tax Commission of the assumption or termination of third-party management of a First Nation’s other revenues.

[...]

Marginal note:Third-party management — other revenues of an Indigenous group

• [...]

  53.2 (1) The Board may, on giving notice to an Indigenous group, assume management of the Indigenous group’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority,

  • [...]

  • [...]

    (b) if, in the opinion of the Board, there is a serious risk that the Indigenous group will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or

• [...]

  (2) If the Board assumes third-party management of the other revenues of an Indigenous group, the Board has the exclusive authority to

  • [...]

  • [...]

    (c) with respect to other revenues, exercise any powers or fulfil any obligations delegated to the Board under a law of the Indigenous group or an agreement between the Indigenous group and the Board or between the Indigenous group and the First Nations Finance Authority.

• [...]

  Marginal note:Law-making

  (3) If the Board makes a law under paragraph (2)(a) in relation to an Indigenous group named in Schedule 2 to the First Nations Fiscal Management Act Adaptation Regulations,

  [...]

• [...]

• [...]

  Marginal note:Board not agent or mandatary

  (6) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority while exercising its exclusive authority under subsection (2).

• [...]

  Marginal note:Review every six months

  (7) If the Board has assumed third-party management of an Indigenous group’s other revenues, it shall review the need for third-party management at least once every six months and advise the First Nations Finance Authority, the First Nations Tax Commission and the Indigenous group of the results of its review.

• [...]

  (8) The Board may terminate third-party management of an Indigenous group’s other revenues, on giving notice to the Indigenous group, if

  • [...]

    (a) it is of the opinion that there is no longer a serious risk that the Indigenous group will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues and the Authority consents to the termination in writing;

  • [...]

    (b) in the case of an Indigenous group that was in default of an obligation to the First Nations Finance Authority relating to a loan secured by other revenues, it is of the opinion that the Indigenous group has remedied the default and the Authority consents to the termination in writing;

  • [...]

  • [...]

    (d) in the case of third-party management that was assumed by the Board following receipt of a notice under subsection 86(5), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request.

• [...]

• [...]

  Marginal note:Notice

  (10) The Board shall advise the First Nations Finance Authority and First Nations Tax Commission of the assumption or termination of third-party management of an Indigenous group’s other revenues.

[...]

Marginal note:Required information — First Nation

54 At the request of the Board, a First Nation shall provide to the Board any information about the First Nation’s financial management system and financial performance that the Board requires for a decision regarding a co-management arrangement or third-party management of the First Nation’s local revenues or other revenues.

[...]

[...]

Marginal note:Standards

• [...]

  55 (1) The Board may establish standards, not inconsistent with the regulations, respecting

  • [...]

  • [...]

    (a.2) in relation to Indigenous groups named in Schedule 1 to the First Nations Fiscal Management Act Adaptation Regulations, the content of their laws concerning notices to be given, representations to be considered and other procedural formalities to be respected before the Indigenous groups may make a law after receipt of an opinion referred to in subsection 15.1(4);

  • [...]

    (a.3) in relation to Indigenous groups named in Schedule 1 to the First Nations Fiscal Management Act Adaptation Regulations, the content of their laws concerning the delegation to the Board of the powers set out in subsection 53.2(2);

  • [...]

  • [...]

    (c) certification of First Nations and Indigenous groups under section 50; and

• [...]

  (2) The Board may establish procedures respecting

  • [...]

  • [...]

    (c) the implementation or termination of a co-management arrangement or third-party management of a First Nation’s local revenues or other revenues; and

• [...]

• [...]

  Marginal note:First Nations Gazette

  (4) All laws made under section 9 and approved by the Board and all standards established by the Board under subsection (1) shall be published in the First Nations Gazette.

[...]

[...]

Marginal note:Functions and powers

• [...]

• [...]

  Marginal note:No identifying information

  (2) The Board shall ensure that no First Nation, Indigenous group, 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 Board makes publicly available under subsection (1).

• [...]

  Marginal note:Exception

  (3) The Board is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, Indigenous group, entity or individual to whom it relates consents to being identified.

[...]

Marginal note:Information sharing agreements

55.2 The Board may enter into agreements with a First Nation, Indigenous group, 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.

[...]

[...]

56 The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Board, make regulations

• [...]

  (a) respecting the implementation of a co-management arrangement or third-party management of a First Nation’s local revenues or other revenues, including the obligations of affected First Nations to provide access to financial records; and

• [...]

  (b) fixing fees that the Board may charge for services, including fees to First Nations for co-management and third-party management services, and the manner in which the fees may be recovered.

[...]

PART 4First Nations Finance Authority

[...]

[...]

57 The following definitions apply in this Part.

Authority

Authority  means the First Nations Finance Authority. (Administration)

investing member

investing member  means a First Nation or Indigenous group that has invested in a short-term investment pool managed by the Authority. (membre investisseur)

property tax revenues

property tax revenues  means moneys raised under laws made under paragraphs 5(1)(a) and (a.1) and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a). (recettes fiscales foncières)

representative

representative  means

• [...]

  (a) in respect of a First Nation that is a member, the chief or a councillor of the First Nation who is designated as a representative by a resolution of its council; and

[...]

[...]

Marginal note:Establishment

58 There is hereby established a non-profit corporation without share capital, to be known as the First Nations Finance Authority.

[...]

[...]

Marginal note:Term of office

• [...]

• [...]

  (3) A person ceases to be a director when

  • [...]

    (a) the person ceases to hold office as a chief or councillor of a First Nation that is a borrowing member;

  • [...]

  • [...]

    (b) the person’s designation as a representative of a First Nation that is a borrowing member is revoked by a resolution of the council of that First Nation;

[...]

[...]

74 The purposes of the Authority are to

• [...]

  (a) secure for its borrowing members that are First Nations, through the use of property tax revenues,

  [...]

• [...]

  (b) secure for its borrowing members that are First Nations, through the use of other revenues, loans for any purpose that promotes the First Nation’s economic or social development, including loans for

  • (i) capital assets that are to be wholly or partly owned by the First Nation, including capital assets for the provision of services, housing, plants, machinery, roads and buildings,

  • (ii) rolling stock that is to be wholly or partly owned by the First Nation,

  • (iii) land that is to be wholly or partly owned by the First Nation,

• [...]

• [...]

  (d) provide investment services to First Nations, Indigenous groups and entities referred to in any of paragraphs 50.1(1)(a) to (e); and

• [...]

  (e) provide advice regarding the development of financing mechanisms for First Nations and Indigenous groups.

[...]

[...]

Marginal note:Application to become borrowing member

• [...]

  76 (1) A First Nation or Indigenous group may apply to the Authority to become a borrowing member.

• [...]

  Marginal note:Criteria — First Nations

  (2) The Authority shall accept a First Nation as a borrowing member only if the First Nations Financial Management Board has issued to the First Nation a certificate in respect of their financial performance under subsection 50(3) and has not subsequently revoked it.

• [...]

  (3) The Authority shall accept an Indigenous group as a borrowing member only if

  • [...]

    (a) the Indigenous group has provided the Authority with a copy of an opinion provided to the Indigenous group by the First Nations Financial Management Board under subsection 15.1(4); and

  • [...]

    (b) the First Nations Financial Management Board has issued to the Indigenous group a certificate in respect of their financial performance under subsection 50(3) and has not subsequently revoked it.

[...]

[...]

Marginal note:Priority

• [...]

  78 (1) If a borrowing member is insolvent, the Authority has priority over all other creditors of the borrowing member for all moneys that are authorized or obligated to be paid to the Authority under a law made by the borrowing member, under this Act, including under the regulations, or under an agreement relating to borrowing from the Authority, but the priority is only in respect of any debt that arises on or after the day on which the borrowing member receives the initial disbursement of the first loan that it obtained from the Authority.

[...]

Marginal note:Limitations — loans secured by property tax revenues

• [...]

  79 (1) The Authority shall not make a loan secured by property tax revenues to a borrowing member unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)(d) in respect of that loan.

• [...]

  Marginal note:Limitations — First Nation loans secured by other revenues

  (2) The Authority shall not make a loan secured by other revenues to a borrowing member that is a First Nation unless

  • [...]

  • [...]

    (c) the borrowing member has obtained a certificate respecting financial performance from the First Nations Financial Management Board under subsection 50(3) and forwarded a copy of it to the Authority;

• [...]

  (3) The Authority shall not make a loan secured by other revenues to a borrowing member that is an Indigenous group unless

  • [...]

  • [...]

    (c) the borrowing member has obtained a certificate respecting financial performance from the First Nations Financial Management Board under subsection 50(3) and forwarded a copy of it to the Authority;

[...]

[...]

Marginal note:Credit enhancement fund

• [...]

• [...]

  Marginal note:Repayment to credit enhancement fund

  (5) Any funds that are paid from the credit enhancement fund to offset a shortfall in the debt reserve fund shall be repaid by that debt reserve fund within 18 months after the day on which the funds are paid or, if more than one payment of funds is made, within 18 months after the day on which the first payment is made. After the expiry of that 18-month period, no further funds shall be paid from the credit enhancement fund to that debt reserve fund unless it has been fully replenished under section 84.

[...]

Marginal note:Default

• [...]

  86 (1) If a borrowing member fails to make a payment to the Authority, to fulfil any other obligation under a borrowing agreement with the Authority or to pay a charge imposed by the Authority under this Part, the Authority shall

  • [...]

  • [...]

    (b) send a notice of the failure to the First Nations Financial Management Board and the First Nations Tax Commission, together with evidence of the failure and a copy of any relevant documents and records.

• [...]

  Marginal note:Requirement for report

  (2) If a failure referred to in subsection (1) relates to an obligation other than payment, the Authority may require that the First Nations Financial Management Board review and report on the reasons for the failure.

• [...]

  Marginal note:Report

  (3) On receipt of a notice referred to in paragraph (1)(b) in respect of a failure related to an obligation other than payment, the First Nations Financial Management Board shall advise the Authority in writing of its opinion on the reasons for the failure and recommend any intervention under section 52 or 53, in the case of an obligation relating to a loan secured by local revenues, or under section 52.1, 52.2, 53.1 or 53.2, in the case of an obligation relating to a loan secured by other revenues, that it considers appropriate. The Board must provide a copy of the report including its opinion and any recommendations to the First Nations Tax Commission.

• [...]

  Marginal note:Required intervention

  (4) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member in respect of its local revenues or assume third-party management of its local revenues

  [...]

• [...]

  Marginal note:Required intervention

  (5) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member in respect of its other revenues or assume third-party management of its other revenues

  [...]

• [...]

  Marginal note:Copy to Commission

  (6) The Authority must provide a copy of the notices referred to in subsections (4) and (5) to the First Nations Tax Commission.

[...]

[...]

Marginal note:Council resolution

• [...]

  90 (1) The council of a First Nation may submit to the Minister a resolution of the council requesting the payment to the First Nation of

  • [...]

    (a) moneys held by Her Majesty for the use and benefit of the First Nation; and

  • [...]

    (b) moneys to be collected or received in future by Her Majesty for the use and benefit of the First Nation.

• [...]

  (2) The resolution shall be accompanied by proof that

  • [...]

    (a) the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and the law has been approved by the First Nations Financial Management Board;

  • [...]

    (b) the council has obtained independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation; and

  • [...]

    (c) the payment of the moneys to the First Nation has been approved under section 91.

[...]

Marginal note:Approval by members

• [...]

  91 (1) If the council of a First Nation intends to request the payment of moneys under subsection 90(1), the council shall conduct a vote among the First Nation’s eligible voters on the approval of the payment of the moneys.

• [...]

  Marginal note:Eligible voters

  (2) Every First Nation member, whether resident on a reserve of the First Nation or not, is an eligible voter if the member is at least 18 years old on the date of the vote.

• [...]

  Marginal note:Independent legal and financial advice

  (3) Before conducting the vote under subsection (1), the council shall obtain independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation.

• [...]

  Marginal note:Information to be provided

  (4) Before conducting the vote under subsection (1), the council shall also take reasonable measures that are in accordance with the First Nation’s practices to inform eligible voters of

  • [...]

  • [...]

    (c) the implications of the payment of the moneys and the reasons why the payment is for the benefit of the First Nation; and

  • [...]

    (d) the fact that the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a).

• [...]

  Marginal note:Majority approval

  (5) The payment of the moneys to the First Nation is approved if a majority of eligible voters who participated voted to approve the payment.

[...]

Marginal note:Initial payment of moneys

• [...]

  92 (1) After the resolution is submitted to the Minister by the council of the First Nation under subsection 90(1), the moneys held by Her Majesty for the First Nation’s use and benefit shall be paid to the First Nation out of the Consolidated Revenue Fund, if the Minister is satisfied that

  • [...]

    (a) the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and the law has been approved by the First Nations Financial Management Board;

  • [...]

    (b) the council has obtained independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation; and

  • [...]

    (c) the payment of the moneys to the First Nation has been approved under section 91.

• [...]

  Marginal note:Subsequent payment

  (2) Following a payment of moneys under subsection (1), all moneys subsequently collected or received by Her Majesty for the use and benefit of the First Nation shall be paid out of the Consolidated Revenue Fund to the First Nation.

• [...]

  Marginal note:Subsection (2) ceases to apply

  (3) Subsection (2) shall cease to apply if the law referred to in paragraph (1)(a) is repealed, and at the time of its repeal, it is not concurrently replaced by a law respecting the financial administration of the First Nation made under paragraph 9(1)(a) that has been approved by the First Nations Financial Management Board.

[...]

[...]

Marginal note:Past liability

94 This Act does not affect the liability of Her Majesty or a First Nation for any act or omission in respect of moneys occurring before a payment referred to in section 93.

[...]

Marginal note:Indian Act

95 Sections 61 to 69 of the Indian Act do not apply in respect of moneys paid to a First Nation under section 92 of this Act.

PART 5.1First Nations Powers Respecting Services

[...]

Marginal note:Definition of service

96 In this Part, service means a service provided on reserve lands by or on behalf of a First Nation, including in relation to the provision of water, wastewater management, drainage, waste management, animal control, recreation, transportation, telecommunications and energy.

[...]

Marginal note:Laws respecting the provision of services

• [...]

  97 (1) The council of a First Nation may make laws respecting the provision of services and respecting infrastructure located on the First Nation’s reserve lands that is used in the provision of those services, including laws

  • [...]

  • [...]

    (c) respecting, subject to any conditions and procedures prescribed by regulation, the enforcement of laws made under this subsection, including by providing for measures to

    • [...]

    • (iii) recover costs incurred by the First Nation in enforcing those laws and impose and recover interest and penalties with respect to those costs,

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  Marginal note:For greater certainty

  (2) For greater certainty, laws made under subsection (1) apply only on the reserve lands of the First Nation that made the laws.

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  Marginal note:Non-compliance with measure

  (3) If a person or entity is not complying with a measure referred to in subparagraph (1)(c)(i) or (ii), the First Nation may take appropriate corrective measures at the expense of the person or entity.

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  Marginal note:Application to competent court

  (4) The First Nation may apply to a court of competent jurisdiction for an order directing a person or entity named in the application to comply with a law made under subsection (1), such as by

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  Marginal note:Enforcement — Framework Agreement on First Nation Land Management Act

  (5) If a First Nation has adopted a land code as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act or the council of a First Nation has enacted a First Nation law as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.1(a) of the Framework Agreement, as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a law made under subsection (1).

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  Marginal note:Regulations

  (6) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the First Nations Infrastructure Institute, make regulations prescribing anything that is to be prescribed under paragraph (1)(c).

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  Marginal note:Publication

  (7) The First Nation shall publish all laws made under subsection (1) in the First Nations Gazette and provide a copy of a law made under that subsection on request.

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98 A law made under subsection 97(1) comes into force on the later of

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  (b) the day on which it is published in the First Nations Gazette.

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PART 5.2First Nations Infrastructure Institute

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Marginal note:Definition of Institute

101 In this Part, Institute means the First Nations Infrastructure Institute.

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Marginal note:Establishment

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  102 (1) There is established an institute, to be known as the First Nations Infrastructure Institute, to be managed by a board of directors consisting of ten directors, including a Chairperson and Vice-Chairperson.

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Marginal note:Appointment of first directors

104 On the recommendation of the Minister, the Governor in Council shall appoint the first ten directors of the board of directors, including a Chairperson, who are to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause.

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Marginal note:Qualifications

106 The board of directors shall be composed of individuals from across Canada, including members of First Nations, who are committed to improving infrastructure outcomes for First Nations, Indigenous groups and entities referred to in subsection 50.1(1) and who have the experience or capacity to enable the Institute to fulfil its mandate.

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113.3 The purposes of the Institute are to

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  (a) assist First Nations, Indigenous groups 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;

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

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

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  (f) advance options to assist First Nations, Indigenous groups 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;

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  (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;

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  (h) provide policy research services, review and evaluative services and advice to support First Nations, Indigenous groups 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;

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Marginal note:Powers

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  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, Indigenous groups and entities referred to in subsection 50.1(1).

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  Marginal note:Provision of services

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

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Marginal note:Review of infrastructure project

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  113.5 (1) On the request of a First Nation, an Indigenous group 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, Indigenous group or entity for compliance with the standards established under subsection 113.8(1).

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  Marginal note:Report

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

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  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, Indigenous group or entity a certificate to that effect.

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  Marginal note:Revocation of certificate

  (4) The Institute may, on giving notice to the First Nation, Indigenous group or entity, revoke the First Nation’s, the Indigenous group’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.

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Marginal note:Review for continued compliance

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  113.6 (1) On the request of a First Nation, an Indigenous group 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, Indigenous group 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).

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  Marginal note:Report

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

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Marginal note:Review of First Nation laws

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  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).

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  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.

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Marginal note:Standards

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  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.

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Marginal note:Functions and powers

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  Marginal note:No identifying information

  (2) The Institute shall ensure that no First Nation, Indigenous group, 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).

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  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, Indigenous group, entity or individual to whom it relates consents to being identified.

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Marginal note:Information sharing agreements

113.91 The Institute may enter into agreements with a First Nation, Indigenous group, 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.

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114 The following definitions apply in this Part.

board of directors

board of directors  includes

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  (a) in respect of the First Nations Tax Commission, the commissioners referred to in section 17;

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  (b) in respect of the First Nations Financial Management Board, the directors referred to in section 38; and

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  (c) in respect of the First Nations Infrastructure Institute, the directors referred to in subsection 102(1). (conseil d’administration)

institution

institution  means the First Nations Tax Commission, the First Nations Financial Management Board or the First Nations Infrastructure Institute. (institution)

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Marginal note:Conflict of interest

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  132 (1) No person who is appointed to, or employed by, the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Infrastructure Institute shall be appointed to, or employed by, any other one of those bodies.

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  Marginal note:Conflict of interest

  (3) All persons appointed to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Infrastructure Institute shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.

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Marginal note:Liability of His Majesty

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  133 (1) No person has a right to receive any compensation, damages, indemnity or other relief from His Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Infrastructure Institute arising from its exercise of, or its failure to exercise, any of its powers or functions, including any claim against the First Nations Tax Commission as an agent of His Majesty in right of Canada.

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  Marginal note:Insurance required

  (2) The First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Infrastructure Institute shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b).

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Marginal note:No appropriation

134 No payment to the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Infrastructure Institute may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board, Authority or Institute to satisfy any claim referred to in subsection 133(1).

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Marginal note:No compensation

135 No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada, or from the First Nations Tax Commission, for any acquired, vested or future right, or for any prospect of such a right, that is affected by a law approved by the First Nations Tax Commission under subsection 31(3), or for any duty or liability imposed on that person as a result of such a law.

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136 No civil proceedings lie against any of the following persons for anything done or omitted to be done in the exercise or performance, or purported exercise or performance, in good faith of any power or duty under this Act or regulations made under this Act:

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  (a) a commissioner or employee of the First Nations Tax Commission or a person acting on its behalf;

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  (b) a director or employee of the First Nations Financial Management Board or a person acting on its behalf; and

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  (c) a director or employee of the First Nations Infrastructure Institute or a person acting on its behalf.

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Marginal note:Limit of liability — co-management or third-party management

136.1 Despite anything in federal or provincial law, if, under this Act, the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement or has assumed third-party management of a First Nation’s local revenues or other revenues, neither the Board nor any director or employee of the Board or person acting on behalf of the Board is by reason of that fact liable for any liability of the First Nation.

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Marginal note:Limit of liability — co-management or third-party management

136.11 Despite anything in federal or provincial law or in a law of an Indigenous group, if, under this Act, the First Nations Financial Management Board has required an Indigenous group to enter into a co-management arrangement or has assumed third-party management of an Indigenous group’s other revenues, neither the Board nor any director or employee of the Board or person acting on behalf of the Board is by reason of that fact liable for any liability of the Indigenous group.

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Marginal note:Personal liability for costs

136.2 No director or employee of the First Nations Financial Management Board or person acting on behalf of the Board is personally liable for costs

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Marginal note:Limit of liability

137 No civil proceedings lie against a member of a council or an employee of a First Nation for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power, or the performance or purported performance in good faith of any duty, of that member or employee in accordance with this Act, regulations made under this Act or a law made by the council of a First Nation under this Act.

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Marginal note:Conflict with other laws

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  138 (1) In the event of a conflict between a local revenue law, a law made under subsection 8.1(1) or a law made under subsection 97(1) and an Act of Parliament or any regulations made under an Act of Parliament or a code made by a First Nation under another Act of Parliament, the Act, regulations or code prevails to the extent of the conflict.

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  Marginal note:Conflict with other First Nation laws

  (2) In the event of a conflict between a law made by a First Nation under this Act and a law, other than a code, made by the First Nation under another Act of Parliament, the law made by the First Nation under this Act prevails to the extent of the conflict.

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Marginal note:Official languages

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  139 (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission.

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  Marginal note:Official languages

  (2) If there is a demand for services in a particular official language, the First Nations Financial Management Board, First Nations Finance Authority and First Nations Infrastructure Institute shall offer services in that language.

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140 The Governor in Council may make regulations

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  (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Infrastructure Institute in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board, Authority or Institute would be exempt from that requirement.

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Marginal note:Regulations

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  (2) The Minister may, by order, at the request of the governing body of an Indigenous group referred to in subsection (1), amend any schedule included in regulations made under that subsection and listing the Indigenous groups that are subject to those regulations in order to

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    (b) delete the name of the Indigenous group, as long as there are no amounts owing by the Indigenous group to the First Nations Finance Authority that remain unpaid.

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Marginal note:Regulations — organizations referred to in paragraph 50.1(1)(e)

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  141.1 (1) For the purpose of enabling an organization referred to in paragraph 50.1(1)(e) to benefit from the provisions of this Act, other than Parts 1, 2 and 5, or obtain the services of the First Nations Financial Management Board or the First Nations Finance Authority, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

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  (2) The Minister may, by order, at the request of an organization referred to in paragraph 50.1(1)(e), amend any schedule included in regulations made under subsection (1) and listing the organizations that are subject to those regulations in order to

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    (b) delete the name of the organization, as long as there are no amounts owing by the organization to the First Nations Finance Authority that remain unpaid.

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Marginal note:Regulations — joint reserve lands

141.2 For the purpose of enabling a First Nation to benefit from the provisions of this Act, or obtain the services of any body established under this Act, in respect of reserve lands that have been set apart for the use and benefit of that First Nation and one or more other First Nations, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

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