First Nations Fiscal Management Act (S.C. 2005, c. 9)

Marginal note:Annual report

• 130 (1) Each institution shall, within four months after the end of each financial year, submit to the Minister an annual report on the operations of the institution in that year.

• Marginal note:Form and contents

  (2) The annual report of an institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution and shall include

  • (a) the financial statements of the institution;

  • (b) the annual auditor’s report;

  • (c) a statement on the extent to which the institution has met its objectives for the financial year;

  • (d) any quantitative information respecting the performance of the institution that the Minister may require to be included; and

  • (e) any other information that is required under this Act or any other Act of Parliament.

Marginal note:Annual meeting

• 131 (1) The board of directors of an institution shall call an annual meeting not later than 18 months after the institution is established and subsequently not later than 15 months after the preceding annual meeting.

• Marginal note:Manner in which meeting held

  (1.1) The board of directors shall determine the manner in which the annual meeting shall be held, which may be entirely by means of electronic communication or in a way that allows participation by such means.

• Marginal note:Notice of meeting

  (2) An institution shall, at least 30 days before the annual meeting, publish a notice on an Internet website to be maintained by the institution

  • (a) setting out the time and location, if any, of the meeting;

  • (b) indicating the means of participating in the meeting, such as by providing instructions on how to participate electronically; and

  • (c) specifying that the institution’s annual report may be accessed on that website.

• Marginal note:Availability to public

  (3) At the annual meeting, the board of directors shall ensure that

  • (a) the institution’s most recent annual report is made available to those participating in the meeting; and

  • (b) the chief executive officer and the commissioners or directors of the institution who are attending the meeting are available to those participating in the meeting to answer any questions about the institution’s operations.

PART 7Provisions of General Application

General

Marginal note:Conflict of interest

• 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.

• Marginal note:Conflict of interest

  (2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with their duties or take part in any matter involving a body referred to in subsection (1) in which they have an interest.

• 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.

Marginal note:Liability of His Majesty

• 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.

• 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).

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).

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.

Marginal note:Limit of liability — commissioner, director, employee, etc.

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:

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

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

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

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

136.1 Despite anything in federal or provincial law, if the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues in accordance with section 52 or has assumed management of a First Nation’s local revenues in accordance with section 53, 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.

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

• (a) awarded in any civil proceedings brought against any of them in relation to anything done, or omitted to be done, in the exercise or purported exercise of any power, or in the performance or purported performance of any duty, of that person or the Board in accordance with this Act or the regulations made under this Act, unless a court otherwise directs; or

• (b) awarded against the Board in any civil proceedings.

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.

Marginal note:Conflict with other laws

• 138 (1) In the event of a conflict between a local revenue law 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.

• 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.

Marginal note:Official languages

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

• 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.

Regulations

Marginal note:Regulations

140 The Governor in Council may make regulations

• (a) prescribing anything that is to be prescribed under subsection 20(3), 41(2) or 105(3) or section 116; and

• (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.

Marginal note:Regulations

• 141 (1) For the purpose of enabling an Indigenous group that is a party to a treaty, land claims agreement or self-government agreement with Canada to benefit from the provisions of this Act or obtain the services of any body established under this Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act; and

  • (b) restricting the application of any provision of this Act or of any regulation made under this Act.

• Marginal note:Amendments to schedule in regulations

  (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

  • (a) add or change the name of the Indigenous group; or

  • (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.

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

• 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

  • (a) adapting any provision of this Act or of any regulation made under this Act; and

  • (b) restricting the application of any provision of this Act or of any regulation made under this Act.

• Marginal note:Amendments to schedule in regulations

  (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

  • (a) add or change the name of the organization; or

  • (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.

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

• (a) adapting any provision of this Act or of any regulation made under this Act; and

• (b) restricting the application of any provision of this Act or of any regulation made under this Act.

Marginal note:Regulations

142 The Governor in Council may make regulations

• (a) prescribing anything that is to be prescribed for the purposes of paragraph 74(b); and

• (b) adapting or restricting any provision of this Act or of any regulation made under this Act for the purposes of paragraph 74(b).

PART 8Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force

Transitional Provisions

Marginal note:ITAB employees

• 143 (1) Persons who are employed by the Indian Taxation Advisory Board at the time that the First Nations Tax Commission is established shall be offered employment with the Commission, at the same salary and with equivalent terms and conditions of employment.

• Marginal note:Interim rules of procedure

  (2) Until new rules are established by the First Nations Tax Commission, the Commission shall conduct itself in accordance with the rules of procedure established by the Indian Taxation Advisory Board.