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

Act current to 2020-07-28 and last amended on 2020-07-20. Previous Versions

PART 7Provisions of General Application (continued)

Regulations (continued)

Marginal note:Regulations — joint reserve lands

 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.

  • 2018, c. 27, s. 412

Marginal note:Regulations

 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

  •  (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.

Marginal note:Continuation of directors

 Persons who are directors of the First Nations Finance Authority Inc., a corporation incorporated under the Canada Business Corporations Act, on the day on which section 58 comes into force shall continue as directors of the First Nations Finance Authority until new directors are elected.

Marginal note:Continuation of existing by-laws

  •  (1) By-laws made by a First Nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule are deemed to be laws made under section 5 or 9, as the case may be, to the extent that they are not inconsistent with section 5 or 9, and remain in force until they are repealed or replaced.

  • Marginal note:Amendment of existing by-laws

    (2) For greater certainty, subsections 5(2) to (7) apply to amendments of by-laws referred to in subsection (1).

  • Marginal note:Non-application of section

    (3) This section does not apply if the name of the First Nation is added to the schedule on or after the day on which section 145.1 comes into force.

  • 2005, c. 9, s. 145
  • 2015, c. 36, s. 203
  • 2018, c. 27, s. 414(E)

Marginal note:Continuation of existing by-laws

  •  (1) By-laws made by a First Nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule, except those described in subsection (2), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the First Nation under section 5 or are repealed.

  • Marginal note:Continuation of existing by-laws

    (2) By-laws in respect of financial administration made by a First Nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule remain in force until they are repealed or until the First Nation makes a law that is approved under subsection 9(2).

  • Marginal note:Continuation of existing by-laws

    (3) By-laws made by a First Nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force, except those described in subsection (4), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the First Nation under section 5 or are repealed.

  • Marginal note:Continuation of existing by-laws

    (4) By-laws in respect of financial administration made by a First Nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force remain in force until they are repealed or until the First Nation makes a law that is approved under subsection 9(2).

  • 2015, c. 36, s. 204
  • 2018, c. 27, s. 414(E)

Marginal note:Review and evaluation

 Within seven years after the day on which this Act receives royal assent, the Minister, after consultation with the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority, shall review the provisions and operation of this Act and the operations of those institutions, and submit a report to each House of Parliament on that review, including any changes that the Minister recommends relating to the evolution of the mandate and the operation of those institutions.

  • 2005, c. 9, s. 146
  • 2012, c. 19, s. 666

Consequential Amendments

Access to Information Act

 [Amendment]

 [Amendment]

Financial Administration Act

 [Amendment]

Indian Act

 [Amendment]

 [Amendment]

Privacy Act

 [Amendment]

Westbank First Nation Self-Government Act

 [Amendment]

Coordinating Amendments

 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote * The provisions of this Act, other than section 154, come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Section 154 in force on assent March 23, 2005; Act, other than section 154, in force April 1, 2006, see SI/2006-59.]

 
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