First Nations Fiscal Management Act

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

  • (a) their right to vote and the means of exercising that right;

  • (b) the fact that council has obtained the legal and financial advice referred to in subsection (3);

  • (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:Minimum participation

  (6) Despite subsection (5), the payment is not approved unless at least 25% of all eligible voters participated in the vote.

• Marginal note:Increased percentage

  (7) The council may, by resolution adopted before the vote, increase the percentage of eligible voters required under subsection (6).