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FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACTDebt Reserve Fund Replenishment RegulationsP.C.2006-1079200610

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Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to subsection 84(5) and paragraph 89(c) of the First Nations Fiscal and Statistical Management Acta, hereby makes the annexed Debt Reserve Fund Replenishment Regulations.aS.C. 2005, c. 9Interpretation

Definitions1The following definitions apply in these Regulations.Act means the First Nations Fiscal Management Act. (Loi)defaulting member means a borrowing member whose failure to make a payment payable under a borrowing agreement with the Authority has led to a reduction in the debt reserve fund. (membre en défaut)SOR/2016-29, s. 2SOR/2024-255, s. 2

Replenishment of Fund

Debt reserve fund balance1.1For the purposes of paragraphs 84(5)(a) and (b) of the Act, the amount is equal to the balance of the debt reserve fund immediately before the first of the payments from that fund were made, not taking into account any payments that previously led the Authority to require replenishment of the fund under those paragraphs.SOR/2024-255, s. 3

Notice2(1)At least 90 days before the day on which a payment is to be made to replenish the debt reserve fund, the Authority must send to the council of every borrowing member with an unpaid loan a notice setting out the amount of the shortfall in the debt reserve fund and the amount required to be paid by that borrowing member as determined under section 3.Content of notice(2)The notice must identify all defaulting members and the amount of the shortfall attributable to each of them.SOR/2016-29, s. 2SOR/2024-255, s. 4

Amount to pay3The amount to be paid under subsection 2(1) is(a)in the case of a defaulting member, an amount that is determined by the Authority that must not exceed the amount of the shortfall attributable to that defaulting member; and(b)in the case of any other borrowing member with an unpaid loan, the amount determined by the formula[A ÷ (B – C)] × (D – E)whereAis the aggregate amount of the borrowing member’s unpaid loans,Bis the aggregate amount of all borrowing members’ unpaid loans,Cis the aggregate amount of all defaulting members’ unpaid loans,Dis the amount of the shortfall in the debt reserve fund, andEis the aggregate of the amounts payable by the defaulting members under paragraph (a).SOR/2016-29, s. 2SOR/2024-255, s. 5

Liability4For greater certainty, despite the payment of an amount under paragraph 3(a), a defaulting member remains liable for the payment to the Authority of all amounts required to be paid under a borrowing agreement with the Authority.SOR/2016-29, s. 2SOR/2024-255, s. 5

4.1[Repealed, SOR/2024-255, s. 5]

Coming into Force

Coming into force5These Regulations come into force on the day on which they are registered.

SOR/2024-2552025-01-06