Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2020-09-09 and last amended on 2020-07-20. Previous Versions

PART 1First Nations Fiscal Powers (continued)

Marginal note:Notice of proposed laws

  •  (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:Content of notice

    (3) A notice referred to in subsection (1) shall

    • (a) describe the proposed law;

    • (b) state where a copy of the proposed law may be obtained;

    • (c) invite representations regarding the proposed law to be made, in writing, to the council within the period referred to in subsection (1); and

    • (d) if the council is to review the proposed law at a public meeting, state the time and place of the meeting.

  • 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).

  • 2005, c. 9, s. 6
  • 2015, c. 36, s. 179
  • 2018, c. 27, s. 414(E)

Marginal note:Further representations

 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

  • (a) provide a copy of the law to any persons who made representations under paragraph 6(3)(c); and

  • (b) invite those persons to make written representations to the Commission within 30 days after the day on which they receive the copy of the law.

  • 2005, c. 9, s. 7
  • 2018, c. 27, s. 387

Marginal note:Information accompanying property taxation law

  •  (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

    • (a) a description of the lands and interests or rights subject to the law;

    • (b) a description of the assessment practices to be applied to each class of land and interest or right;

    • (c) information regarding services to be provided from local revenues, existing service agreements and any service agreement negotiations under way at the time the law was made;

    • (d) a description of the notices that were given and any consultation undertaken by the council before making the law; and

    • (e) evidence that the law was duly made by the council.

  • 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

    • (a) a description of the notices that were given and any consultation undertaken by the council before making the law; and

    • (b) evidence that the law was duly made by the council.

  • 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

    • (a) review a local revenue law;

    • (b) determine that the law was made in accordance with this Act, the regulations or any standards made under subsection 35(1); or

    • (c) perform any of its other functions under this Act.

  • 2005, c. 9, s. 8
  • 2015, c. 36, s. 180
  • 2018, c. 27, ss. 388, 414(E)

Marginal note:Financial administration laws

  •  (1) Subject to subsections (2) and (3), the council of a First Nation may make laws

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

    • (b) delegating to any person or body its powers to make laws under paragraph (a).

  • 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).

  • Marginal note:Coming into force

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

    • (a) the day of coming into force set out in the law, and

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

    • (c) [Repealed, 2015, c. 36, s. 181]

  • 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

    • (a) review a financial administration law submitted to the Board;

    • (b) determine that the law was made in accordance with this Act, the regulations or any standards made under subsection 55(1); or

    • (c) perform any of its other functions under this Act.

  • 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).

  • 2005, c. 9, s. 9
  • 2015, c. 36, s. 181
  • 2018, c. 27, s. 414(E)

Marginal note:Repeal of financial administration law

 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.

  • 2015, c. 36, s. 182

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

  •  (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).

  • 2005, c. 9, s. 10
  • 2015, c. 36, s. 182
  • 2018, c. 27, ss. 389, 414(E)
 
Date modified: