task6_model_deployment/assets/C-45_4.txt

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First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 16
An Act to amend the First Nations Fiscal
Management Act, to make consequential
amendments to other Acts, and to make a
clarification relating to another Act
ASSENTED TO
JUNE 20, 2023
BILL C-45

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RECOMMENDATION
Her Excellency the Governor General recommends to the House
of Commons the appropriation of public revenue under the cir-
cumstances, in the manner and for the purposes set out in a
measure entitled “An Act to amend the First Nations Fiscal Man-
agement Act, to make consequential amendments to other Acts,
and to make a clarification relating to another Act”.
SUMMARY
This enactment amends the First Nations Fiscal Management Act
to expand and modernize the mandates of the First Nations Tax
Commission and the First Nations Financial Management Board
in order to better reflect their current and future activities.
The enactment also establishes a First Nations Infrastructure In-
stitute that will provide First Nations and other interested Indige-
nous groups and organizations with tools and support, including
with respect to best practices, to implement and manage their
infrastructure. It also provides First Nations named in the sched-
ule to the First Nations Fiscal Management Act with the power to
make laws to regulate services provided by or on behalf of the
First Nations.
The enactment also aims to improve the functioning of that Act,
including by integrating the content of the Financing Secured by
Other Revenues Regulations, by combining into a single fund
the debt reserve fund for financing secured by property tax rev-
enues and the debt reserve fund for financing secured by other
revenues and by simplifying the way certain Indigenous groups
participate in pooled-borrowing.
Finally, the enactment makes consequential amendments to the
Access to Information Act and to the Privacy Act and includes a
clarification that addresses a transitional administrative over-
sight that followed the establishment in 2019 of the Department
of Crown-Indigenous Relations and Northern Affairs and the De-
partment of Indigenous Services.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 16
An Act to amend the First Nations Fiscal Manage-
ment Act, to make consequential amendments to
other Acts, and to make a clarification relating to an-
other Act
[Assented to 20th June, 2023]
His Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada,
enacts as follows:
2005, c. 9; 2012, c. 19, s. 658
First Nations Fiscal
Management Act
2012, c. 19, s. 656
1 The long title of the First Nations Fiscal Man-
agement Act is replaced by the following:
An Act to provide for powers of First Nations respect-
ing taxation, financial administration and the provi-
sion of services on reserve lands, to facilitate First
Nations’ access to financing secured by local rev-
enues or other revenues, to establish a First Nations
Tax Commission, First Nations Financial Manage-
ment Board, First Nations Finance Authority and First
Nations Infrastructure Institute and to make conse-
quential amendments to other Acts
2012, c. 19, s. 657; 2018, c. 27, ss. 413(a)(E) and 414(b)(E)
2 The preamble to the Act is replaced by the fol-
lowing:
Preamble
Whereas the Government of Canada is committed to
responding to, to the extent of its authority, Call to
Action 44 in the Final Report of the Truth and Recon-
ciliation Commission of Canada and implementing
the United Nations Declaration on the Rights of In-
digenous Peoples, including Articles 3 to 5, 20, 21
and 23 as they relate to the pursuit of economic
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growth in Indigenous communities and to economic
reconciliation;
Whereas early contact Indigenous peoples had inno-
vative economic and trade systems supported by
public infrastructure, tax systems, sharing practices
and the development of trading languages to enable
commerce across linguistically diverse regions;
Whereas Indigenous languages have words for taxes
and sharing, including the word “taksis” in the Chi-
nook trading language;
Whereas the Government of Canada has adopted a
policy recognizing the inherent right of self-
government as an Aboriginal right and providing for
the negotiation of self-government;
Whereas this Act is not intended to define the nature
and scope of any right of self-government or to pre-
judge the outcome of any self-government negotia-
tion;
Whereas First Nations governments led an initiative
in 1988 to amend the Indian Act in order to recognize
their jurisdiction over real property taxation;
Whereas First Nations leaders led an initiative that re-
sulted in the development of legislation that would
enable First Nations to better exercise their jurisdic-
tion with respect to taxation, financial administration
and the provision of services on reserve lands and to
participate in pooled debenture borrowing;
Whereas economic development through the appli-
cation of local revenues and other revenues to sup-
port borrowing on capital markets for the develop-
ment of public infrastructure is available to other
governments in Canada;
Whereas local revenue systems on reserves should
recognize both the interests of on-reserve taxpayers
and the rights of members of First Nations communi-
ties;
And whereas First Nations and the Government of
Canada recognize the benefits of establishing Indige-
nous institutions as part of a comprehensive fiscal
framework;
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Section  
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2018, c. 27, par. 414(c)(E)
3 (1) The definition third-party management in
subsection 2(1) of the English version of the Act is
repealed.
(2) Subsection 2(1) of the Act is amended by
adding the following in alphabetical order:
First Nations Infrastructure Institute means the insti-
tute established under subsection 102(1). (Institut des
infrastructures des premières nations)
(3) Subsection 2(1) of the Act is amended by
adding the following in alphabetical order:
intermediate account means an account established by
a First Nation in which other revenues to be used for fi-
nancing under this Act are deposited and out of which
the First Nations Finance Authority is authorized to
transfer such revenues to a secured revenues trust ac-
count. (compte intermédiaire)
other revenues means
(a) tax revenues and fees imposed or collected by a
First Nation under a law or agreement, other than
(i) local revenues, and
(ii) revenues from taxes administered by His
Majesty in right of Canada on the First Nation’s be-
half, including under the First Nations Goods and
Services Tax Act, unless an agreement between
them specifically permits the use of the revenues as
security for a loan referred to in paragraph 74(b)
and any other applicable conditions are satisfied;
(b) royalties payable to a First Nation under the
Framework Agreement, as defined in subsection 2(1)
of the Framework Agreement on First Nation Land
Management Act, or under the First Nations Oil and
Gas and Moneys Management Act;
(c) royalties payable to His Majesty in right of Canada
under the Indian Act or the Indian Oil and Gas Act on
behalf of a First Nation that has assumed control of its
moneys under the First Nations Oil and Gas and
Moneys Management Act;
(d) revenues that are from leases, permits or other in-
struments or acts authorizing the use of reserve land
issued under the Indian Act and that a First Nation
has assumed control of under the First Nations Oil
and Gas and Moneys Management Act;
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(e) revenues from leases, permits or other instru-
ments or acts authorizing the use of reserve land is-
sued under the Framework Agreement, as defined in
subsection 2(1) of the Framework Agreement on First
Nation Land Management Act;
(f) revenues otherwise payable to a First Nation under
any agreement with a person other than His Majesty
in right of Canada — with the exception of revenues
collected by His Majesty in right of Canada on the
First Nation’s behalf unless an agreement between
them specifically permits their use as security for a
loan referred to in paragraph 74(b) and any other ap-
plicable conditions are satisfied;
(g) revenues, other than local revenues, received by a
First Nation from businesses wholly or partly owned
by it, including dividends from shares owned by it;
(h) transfers from a provincial, regional, municipal or
local government to a First Nation;
(i) transfers from His Majesty in right of Canada to a
First Nation if the agreement governing the transfer
specifically permits the use of the transfer as security
for a loan referred to in paragraph 74(b) and if any
other applicable conditions are satisfied;
(j) interest earned by a First Nation on deposits, in-
vestments or loans, other than interest held by His
Majesty in right of Canada on the First Nation’s be-
half; and
(k) revenues prescribed by regulation. (autres re-
cettes)
secured revenues trust account means an account es-
tablished by the First Nations Finance Authority and a
First Nation in which other revenues to be used for fi-
nancing under this Act are maintained. (compte de re-
cettes en fiducie garanti)
(4) Section 2 of the Act is amended by adding the
following after subsection (2):
Extended meaning of “borrowing member”
(2.1) For the purpose of sections 57, 59, 74, 77, 78, 83 and
84 and paragraph 89(c), borrowing member also means
an Indigenous group, other than a band named in the
schedule, or an organization referred to in paragraph
50.1(1)(e) that has been accepted as a borrowing member
under a regulation made under section 141 or 141.1.
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Extended meaning of “borrowing member” — section
61
(2.2) For the purpose of section 61, borrowing member
also means an Indigenous group, other than a band
named in the schedule, that has been accepted as a bor-
rowing member under a regulation made under section
141.
(5) Section 2 of the Act is amended by adding the
following after subsection (3):
Regulations
(3.1) The Governor in Council may make regulations
prescribing anything that is to be prescribed under para-
graph (k) of the definition other revenues.
2018, c. 27, s. 414(E)
4 Section 4 of the Act is replaced by the follow-
ing:
Financial administration laws
4 The council of a First Nation may not make a law un-
der paragraph 5(1)(d) or 8.1(1)(a) until the council has
made a law respecting the financial administration of the
First Nation under paragraph 9(1)(a) and that law has
been approved by the First Nations Financial Manage-
ment Board.
2018, c. 27, s. 386(1)
5 (1) The portion of subsection 5(1) of the Act be-
fore paragraph (a) is replaced by the following:
Local revenue laws
5 (1) Subject to sections 4 and 6 and any regulations
made under paragraph 36(1)(d), the council of a First Na-
tion may make laws
(2) Paragraph 5(1)(d) of the Act is replaced by the
following:
(d) respecting the borrowing of money from the First
Nations Finance Authority that is secured by local rev-
enues, including any authorization to enter into a par-
ticular borrowing agreement with that Authority;
2015, c. 36, s. 178(2)
(3) The portion of paragraph 5(1)(e) of the Act be-
fore subparagraph (i) is replaced by the follow-
ing:
(e) subject to any conditions and procedures pre-
scribed by regulation, respecting the enforcement of
laws made under paragraphs (a) and (a.1), including
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(4) Paragraph 5(1)(g) of the English version of
the Act is replaced by the following:
(g) delegating to the First Nations Financial Manage-
ment Board any of the council’s other powers that are
required to give effect to a co-management arrange-
ment entered into under section 52 or to give effect to
third-party management under section 53.
(5) Section 5 of the Act is amended by adding the
following after subsection (4):
Application to competent court
(5) The First Nation may apply to a court of competent
jurisdiction for an order directing the person or entity
named in the application to comply with a local revenue
law, such as by
(a) refraining from doing anything that, in the opinion
of the court, constitutes or is directed toward the con-
travention of that law; or
(b) doing anything that, in the opinion of the court,
may prevent the contravention of that law.
Collection — competent court
(6) The First Nation may commence a proceeding in a
court of competent jurisdiction to collect an amount ow-
ing to the First Nation under a local revenue law.
Enforcement — Framework Agreement on First
Nation Land Management Act
(6.1) If a First Nation has adopted a land code as de-
fined in subsection 2(2) of the Framework Agreement on
First Nation Land Management Act or the council of a
First Nation has enacted a First Nation law as defined in
subsection 2(1) of that Act, the First Nation may use any
enforcement measure — other than a measure for the in-
vestigation or prosecution of an offence punishable on
summary conviction referred to in paragraph 19.1(a) of
the Framework Agreement, as defined in subsection
2(1) of that Act — that is provided for in that land code or
First Nation law to enforce a local revenue law.
6 The Act is amended by adding the following af-
ter section 8:
Other revenues laws
8.1 (1) The council of a First Nation may make laws
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(a) respecting the borrowing from the First Nations
Finance Authority of money that is secured by other
revenues, including any authorization to enter into a
particular borrowing agreement with that Authority;
(b) delegating to any person or body any of the coun-
cil’s powers to make laws under paragraph (a); and
(c) delegating to the First Nations Financial Manage-
ment Board any of the council’s other powers that are
required to give effect to a co-management arrange-
ment entered into under section 52.1 or to give effect
to third-party management under section 53.1.
Coming into force
(2) 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 the day on which it is made.
Judicial notice
(3) In any proceedings, judicial notice may be taken of
laws made under subsection (1).
Statutory Instruments Act
(4) The Statutory Instruments Act does not apply in re-
spect of laws made under subsection (1).
Publication
(5) The First Nation shall publish all laws made under
paragraphs (1)(b) and (c) in the First Nations Gazette.
2018, c. 27, par. 414(h)(E)
7 The portion of subsection 9(1) of the Act before
paragraph (a) is replaced by the following:
Financial administration laws
9 (1) The council of a First Nation may make laws
2015, c. 36, s. 183
8 (1) The portion of subsection 11(1) of the Act
before paragraph (b) is replaced by the follow-
ing:
No repeal by borrowing members
11 (1) A borrowing member with an unpaid loan se-
cured by local revenues shall not repeal a property taxa-
tion law or a law made under paragraph 5(1)(a.1) unless
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(a) the revenues raised under that law, if any, are not
being used as security for any loan obtained from the
First Nations Finance Authority and the repeal of that
law would not adversely affect the member’s obliga-
tions to the First Nations Finance Authority; or
(2) Subsections 11(2) and (3) of the Act are re-
placed by the following:
Priority to Authority
(2) A law made under paragraph 5(1)(b) by a borrowing
member with an unpaid loan secured by local revenues
shall not authorize the expenditure of local revenues un-
less the borrowing member’s budget provides for the
payment of all amounts payable to the First Nations Fi-
nance Authority during the budget period.
Financial commitment
(3) A borrowing member with an unpaid loan secured by
local revenues shall, in every year, reserve the local rev-
enues that are required to ensure that all amounts autho-
rized to be paid to the First Nations Finance Authority in
the year with respect to that loan are actually paid in that
year.
2018, c. 27, par. 414(m)(E)
9 Section 15 of the Act is replaced by the follow-
ing:
Reporting of other revenues
14.1 If a First Nation is using other revenues as security
for a loan from the First Nations Finance Authority, the
First Nation shall account for all of its other revenues —
including other revenues that have not been used as se-
curity for the loan — separately from its other moneys,
and shall provide that accounting information to the Au-
thority and the First Nations Financial Management
Board on request.
Non-application of certain provisions
15 Paragraphs 83(1)(a) and (b) to (g) and section 84 of
the Indian Act do not apply to a First Nation and any reg-
ulations made under paragraph 73(1)(m) of that Act do
not apply to a First Nation in respect of the borrowing of
money under a law made under paragraph 5(1)(d) or
8.1(1)(a).
10 The definition taxpayer in section 16 of the Act
is replaced by the following:
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taxpayer means a person paying taxes or fees under a
law made under paragraph 5(1)(a) or (a.1). (contri-
buable)
2018, c. 27, par. 414(n)(E)
11 Subsection 20(5) of the Act is replaced by the
following:
Qualifications
(5) The Commission shall be composed of individuals
from across Canada, including members of First Nations,
who are committed to the development of First Nations
local revenue systems and who have the experience or ca-
pacity to enable the Commission to fulfil its mandate.
12 Subsection 23(2) of the English version of the
Act is replaced by the following:
Expenses
(2) The Chief Commissioner shall be reimbursed for rea-
sonable travel and other expenses incurred in performing
duties while absent from their ordinary place of work.
Other Commissioners shall be reimbursed for such ex-
penses incurred in performing duties while absent from
their ordinary place of residence.
2018, c. 27, par. 414(o)(E)
13 Paragraphs 29(a) to (i) of the Act are replaced
by the following:
(a) support and protect the integrity of First Nations
local revenue systems and promote common ap-
proaches to those systems as part of the Canadian fis-
cal framework;
(b) support and promote the reconciliation, in First
Nations local revenue systems, of the interests of tax-
payers with the responsibilities of councils to govern
the affairs of First Nations;
(c) support and promote positive relationships be-
tween First Nations and taxpayers, including through
the provision of support services for the resolution of
disputes related to First Nations local revenue sys-
tems;
(d) assist First Nations in the exercise of their juris-
diction over local revenues;
(e) develop and deliver, and provide support for the
development and delivery of, training and education
services — and conduct research — respecting the im-
plementation and administration of First Nations local
revenue systems, respecting First Nations economic
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growth and respecting the evolution of local revenue
systems;
(f) assist First Nations in growing their economies and
increasing their local revenues;
(g) promote transparency of First Nations local rev-
enue systems and understanding of those systems by
members of First Nations, taxpayers and the public;
(h) conduct research and provide advice and informa-
tion to the Government of Canada, including the Min-
ister, regarding the future development and imple-
mentation of frameworks to support First Nations in
exercising their jurisdiction over local revenues;
(i) conduct research, analyze information and provide
advice to support the development, implementation
and administration of First Nations local revenue sys-
tems;
(j) collaborate with First Nations, Indigenous institu-
tions and organizations and all levels of government to
strengthen First Nations economies and support the
development of legal and administrative frameworks
to promote the evolution of their jurisdiction over lo-
cal revenues;
(k) support the negotiation, development and imple-
mentation of agreements related to First Nations local
revenue systems;
(l) provide services to any Indigenous group named in
the schedule to any regulation made under section
141; and
(m) collect data, publish statistical information and
conduct research and analysis on matters related to
the purposes set out in the other paragraphs of this
section.
2018, c. 27, s. 394(1)
14 (1) The portion of subsection 32(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
Restrictions
32 (1) The Commission shall not approve a law made
under paragraph 5(1)(d) with respect to a loan referred to
in paragraph 74(a) unless
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2018, c. 27, par. 414(p)(E)
(2) Paragraph 32(1)(b) of the Act is replaced by
the following:
(b) the First Nation has sufficient unutilized borrow-
ing capacity in respect of that loan.
2018, c. 27, s. 394(2)
(3) The portion of subsection 32(2) of the Act be-
fore paragraph (a) is replaced by the following:
Copy and certificate
(2) On approving a law made by a First Nation under
paragraph 5(1)(d) with respect to a loan referred to in
paragraph 74(a), the Commission shall provide the First
Nations Finance Authority with
2018, c. 27, s. 394(3)
(4) Subsection 32(3) of the Act is replaced by the
following:
Notice of judicial review
(3) If the Commission becomes aware that judicial re-
view proceedings have been undertaken in respect of an
approved law referred to in subsection (2), the Commis-
sion shall without delay inform the First Nations Finance
Authority of those proceedings.
2018, c. 27, par. 414(q)(E)
15 (1) Paragraph 33(1)(a) of the Act is replaced
by the following:
(a) is of the opinion that the First Nation has not com-
plied with this Part or a regulation made under this
Part or, with respect to local revenues, Part 1 or a reg-
ulation made under that Part or that a local revenue
law has been unfairly or improperly applied,
2018, c. 27, par. 414(q)(E)
(2) Subsection 33(2) of the Act is replaced by the
following:
Independent review
(2) If the Commission is of the opinion that a First Na-
tion has not complied with this Part or a regulation made
under this Part or, with respect to local revenues, Part 1
or a regulation made under that Part or that a local rev-
enue law has been unfairly or improperly applied, it shall
conduct a review of the matter in accordance with the
regulations.
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2018, c. 27, par. 414(q)(E)
(3) The portion of subsection 33(3) of the Act be-
fore paragraph (a) is replaced by the following:
Remedying the situation
(3) If, after conducting a review, the Commission consid-
ers that a First Nation has not complied with this Part or
a regulation made under this Part or, with respect to local
revenues, Part 1 or a regulation made under that Part or
that a local revenue law has been unfairly or improperly
applied, the Commission
2018, c. 27, par. 414(q)(E)
(4) Paragraph 33(3)(b) of the Act is replaced by
the following:
(b) may, if the First Nation does not remedy the situa-
tion within the time set out in the order, by notice in
writing, require the First Nations Financial Manage-
ment Board to either — at the Board’s discretion —
impose a co-management arrangement on the First
Nation under section 52 or assume third-party man-
agement under section 53 to remedy the situation.
16 The Act is amended by adding the following
after section 35:
Data Collection, Analysis and
Publication
Functions and powers
35.1 (1) The Commission may, on matters within the
scope of its purposes, collect, analyze, abstract and pub-
lish data for statistical purposes.
No identifying information
(2) The Commission shall ensure that no First Nation,
entity, including an entity referred to in subsection
50.1(1), or individual can reasonably be identified,
whether directly or indirectly, by any means, from any
information that the Commission makes publicly avail-
able under subsection (1).
Exception
(3) The Commission is not required to comply with sub-
section (2) if the information is already in the public do-
main or the First Nation, entity or individual to whom it
relates consents to being identified.
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Information sharing agreements
35.2 The Commission may enter into agreements with a
First Nation, entity, including an entity referred to in
subsection 50.1(1), or individual or any level of govern-
ment concerning the sharing of information for research,
analysis and publication purposes.
17 (1) Section 41 of the Act is amended by adding
the following after subsection (1):
Indigenous directors
(1.1) The Governor in Council shall endeavour to ensure
that the majority of the directors are Indigenous.
2018, c. 27, par. 414(t)(E)
(2) Subsection 41(4) of the Act is replaced by the
following:
Qualifications
(4) The board of directors shall be composed of individu-
als from across Canada, including members of First Na-
tions, who are committed to the strengthening of the fi-
nancial management of First Nations or of entities re-
ferred to in paragraphs 50.1(1)(a) to (c) and who have the
experience or capacity to enable the Board to fulfil its
mandate.
18 Section 44 of the Act is replaced by the follow-
ing:
Status
44 The Chairperson shall hold office on a full-time basis
and the other directors shall hold office on a part-time
basis.
19 Subsection 45(2) of the Act is replaced by the
following:
Expenses
(2) The Chairperson shall be reimbursed for reasonable
travel and other expenses incurred in performing duties
while absent from their ordinary place of work. Other di-
rectors shall be reimbursed for such expenses incurred in
performing duties while absent from their ordinary place
of residence.
2018, c. 27, par. 414(u)(E)
20 (1) Paragraphs 49(a) to (c) of the Act are re-
placed by the following:
(a) assist First Nations and entities referred to in sub-
section 50.1(1) in developing the capacity to meet their
financial management requirements;
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(a.1) assist First Nations and entities referred to in
subsection 50.1(1) in developing and implementing
laws and by-laws respecting financial administration;
(b) assist First Nations and entities referred to in
paragraphs 50.1(1)(a) to (c) in their dealings with dif-
ferent levels of governments respecting financial man-
agement, including matters of accountability and
shared fiscal responsibility;
(c) assist First Nations and entities referred to in
paragraphs 50.1(1)(a) to (c) in the development, im-
plementation and improvement of financial relation-
ships with financial institutions, business partners and
different levels of governments, to enable the econom-
ic and social development of First Nations and of
those entities;
2018, c. 27, par. 414(u)(E)
(2) Paragraphs 49(g) to (i) of the Act are replaced
by the following:
(g) provide monitoring and reporting services respect-
ing financial management systems and financial per-
formance;
(g.1) provide First Nations and entities referred to in
subsection 50.1(1) with monitoring and reporting ser-
vices respecting the implementation of laws and by-
laws respecting financial administration and the com-
pliance of those laws and by-laws with applicable stan-
dards;
(h) provide services respecting the co-management
and third-party management of local revenues and
other revenues;
(i) provide advice, policy research and review and
evaluative services on the development of fiscal ar-
rangements between different levels of governments
and First Nations, as well as on the development of
fiscal arrangements between different levels of gov-
ernments and entities referred to in paragraphs
50.1(1)(a) to (c);
(j) develop, implement, test and evaluate, as well as
conduct research with respect to, proposals and pilot
projects related to the purposes set out in the other
paragraphs of this section;
(k) assist First Nations, entities referred to in subsec-
tion 50.1(1), other levels of government and public and
private 
organizations 
in 
the 
development 
and
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implementation of fiscal and economic proposals that
contribute to responding to the Truth and Reconcilia-
tion Commission of Canada’s Calls to Action and to
implementing the United Nations Declaration on the
Rights of Indigenous Peoples; and
(l) collect data, publish statistical information and
conduct research and analysis on matters related to
the purposes set out in the other paragraphs of this
section.
21 The Act is amended by adding the following
after section 50:
Review and monitoring
50.01 (1) On the request of a First Nation or under the
terms of an agreement between a First Nation and any
level of government, the Board may review or monitor
(a) the implementation of laws of the First Nation re-
specting financial administration;
(b) the compliance of those laws with the standards
established under paragraph 55(1)(a); and
(c) the First Nation’s compliance with the standards
established under paragraph 55(1)(c) or (d).
Report
(2) On completion of a review, or from time to time while
carrying out monitoring, the Board shall provide to the
First Nation a report setting out its findings and any rec-
ommendations.
Procedures
(3) The Board may establish procedures respecting
(a) the requests for review and monitoring referred to
in subsection (1);
(b) the review and monitoring referred to in subsec-
tion (1); and
(c) the reports referred to in subsection (2).
Statutory Instruments Act
(4) The Statutory Instruments Act does not apply in re-
spect of procedures established under subsection (3).
2018, c. 27, s. 398
22 (1) Paragraphs 50.1(1)(c) and (d) of the En-
glish version of the Act are replaced by the fol-
lowing:
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(c) an Indigenous group that is a party to a treaty,
land claims agreement or self-government agreement
with Canada or with a province, or an entity estab-
lished under, or as a result of, such a treaty or agree-
ment;
(d) an entity — owned or controlled by one or more
First Nations or entities referred to in paragraph (a),
(b) or (c) — whose mandate is primarily to promote
the well-being or advancement of Indigenous people;
or
2018, c. 27, s. 398
(2) Paragraph 50.1(1)(e) of the Act is replaced by
the following:
(e) a not-for-profit organization established to pro-
vide public services to Indigenous groups or Indige-
nous persons, including services with respect to social
welfare, infrastructure, housing, recreational or cul-
tural activities, health or education.
23 The Act is amended by adding the following
after section 50.1:
Review and monitoring
50.2 (1) On the request of an entity referred to in sub-
section 50.1(1) or under the terms of an agreement be-
tween such an entity and any level of government, the
Board may review or monitor
(a) the implementation of laws or by-laws made by
the entity respecting financial administration;
(b) the compliance of those laws or by-laws with the
standards established under paragraph 50.1(3)(b); and
(c) the entity’s compliance with the standards estab-
lished under paragraph 50.1(3)(a).
Report
(2) On completion of a review, or from time to time while
carrying out monitoring, the Board shall provide to the
entity a report setting out its findings and any recom-
mendations.
Procedures
(3) The Board may establish procedures respecting
(a) the requests for review and monitoring referred to
in subsection (1);
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(b) the review and monitoring referred to in subsec-
tion (1); and
(c) the reports referred to in subsection (2).
Statutory Instruments Act
(4) The Statutory Instruments Act does not apply in re-
spect of procedures established under subsection (3).
2018, c. 27, par. 414(v)(E)
24 Section 51 of the Act is replaced by the follow-
ing:
Required intervention — local revenues
51 (1) On receipt of a notice from the First Nations Tax
Commission under paragraph 33(3)(b) or from the First
Nations Finance Authority under subsection 86(4), the
Board shall either require the First Nation to enter into a
co-management arrangement in accordance with section
52 or assume third-party management in accordance
with section 53, as the Board sees fit.
Required intervention — other revenues
(2) On receipt of a notice from the First Nations Finance
Authority under subsection 86(5), the Board shall either
require the First Nation to enter into a co-management
arrangement in accordance with section 52.1 or assume
third-party management in accordance with section 53.1,
as the Board sees fit.
2018, c. 27, par. 414(v)(E)
25 (1) Subsection 52(1) of the Act is replaced by
the following:
Imposed co-management — local revenues
52 (1) The Board may, on giving notice to the council of
a First Nation, require the First Nation to enter into a co-
management arrangement in respect of the First Nation’s
local revenues, including its local revenue account,
(a) if, in the opinion of the Board, there is a serious
risk that the First Nation will default on an obligation
to the First Nations Finance Authority relating to a
loan secured by local revenues; or
(b) if the Board has received a notice under paragraph
33(3)(b) or subsection 86(4).
2018, c. 27, par. 414(v)(E)
(2) The portion of subsection 52(2) of the Act be-
fore paragraph (e) is replaced by the following:
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Powers
(2) Under the co-management arrangement, the Board
may
(a) recommend amendments to a law of the First Na-
tion made under any of paragraphs 5(1)(a) to (f) or
subsection 9(1);
(b) recommend changes to the First Nation’s expendi-
tures or budgets with respect to its local revenues;
(c) recommend improvements to the First Nation’s fi-
nancial management system with respect to its local
revenues;
(d) recommend changes to the delivery of programs
and services paid for out of the First Nation’s local
revenues;
2018, c. 27, par. 414(v)(E)
(3) Paragraph 52(2)(f) of the Act is replaced by
the following:
(f) with respect to local revenues, exercise any powers
delegated to the Board under a law of the First Nation
or under an agreement between the First Nation and
the Board or the First Nation and the First Nations Fi-
nance Authority.
2018, c. 27, par. 414(v)(E)
(4) The portion of subsection 52(3) of the Act be-
fore paragraph (d) is replaced by the following:
Termination by Board
(3) The Board may terminate the co-management ar-
rangement on giving notice to the council of the First Na-
tion that the Board is of the opinion that
(a) there is no longer a serious risk that the First Na-
tion will default on an obligation to the First Nations
Finance Authority relating to a loan secured by local
revenues;
(b) in the case of a First Nation that was in default of a
payment obligation to the First Nations Finance Au-
thority relating to a loan secured by local revenues, the
First Nation has remedied the default;
(c) the co-management arrangement is no longer re-
quired; or
2018, c. 27, par. 414(v)(E)
(5) Subsection 52(5) of the Act is replaced by the
following:
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Notice
(5) The Board shall advise the First Nations Finance Au-
thority and the First Nations Tax Commission of the
commencement or termination of the co-management
arrangement.
26 The Act is amended by adding the following
after section 52:
Imposed co-management — other revenues
52.1 (1) The Board may, on giving notice to the council
of a First Nation, require the First Nation to enter into a
co-management arrangement in respect of the First Na-
tion’s other revenues, including those that have not been
used as security for a loan from the First Nations Finance
Authority,
(a) if, in the opinion of the Board, there is a serious
risk that the First Nation will default on an obligation
to the First Nations Finance Authority relating to a
loan secured by other revenues; or
(b) if the Board has received a notice under subsection
86(5).
Powers
(2) Under the co-management arrangement, the Board
may
(a) recommend amendments to a law of the First Na-
tion made under any of paragraphs 8.1(1)(a) or (b) or
subsection 9(1);
(b) recommend changes to the First Nation’s expendi-
tures or budgets with respect to its other revenues;
(c) recommend improvements to the First Nation’s fi-
nancial management system with respect to its other
revenues;
(d) recommend changes to the delivery of programs
and services that are paid for out of the First Nation’s
other revenues;
(e) order that expenditures of other revenues of the
First Nation be approved by, or paid with cheques co-
signed by, a manager appointed by the Board; and
(f) with respect to other revenues, exercise any powers
delegated to the Board under a law of the First Nation
or under an agreement between the First Nation and
the Board or the First Nation and the First Nations Fi-
nance Authority.
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Termination by Board
(3) The Board may terminate the co-management ar-
rangement on giving notice to the council of the First Na-
tion that the Board is of the opinion that
(a) there is no longer a serious risk that the First Na-
tion will default on an obligation to the First Nations
Finance Authority relating to a loan secured by other
revenues;
(b) in the case of a First Nation that was in default of a
payment obligation to the First Nations Finance Au-
thority relating to a loan secured by other revenues,
the First Nation has remedied the default;
(c) the co-management arrangement is no longer re-
quired; or
(d) third-party management of the First Nation’s oth-
er revenues is required.
Opinion final
(4) An opinion given by the Board under this section is
final and conclusive and is not subject to appeal.
Notice
(5) The Board shall advise the First Nations Finance Au-
thority and the First Nations Tax Commission of the
commencement or termination of the co-management
arrangement.
2018, c. 27, par. 414(w)(E)
27 (1) Subsection 53(1) of the Act is replaced by
the following:
Third-party management — local revenues
53 (1) The Board may, on giving notice to the council of
a First Nation and to the Minister, assume management
of the First Nation’s local revenues, including its local
revenue account,
(a) if, in the opinion of the Board, the co-management
arrangement entered into under section 52 has not
been effective;
(b) if, in the opinion of the Board, there is a serious
risk that the First Nation will default on an obligation
to the First Nations Finance Authority relating to a
loan secured by local revenues; or
(c) if the Board has received a notice under paragraph
33(3)(b) or subsection 86(4).
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2018, c. 27, par. 414(w)(E)
(2) The portion of subsection 53(2) of the English
version of the Act before paragraph (a) is re-
placed by the following:
Powers
(2) If the Board assumes third-party management of the
local revenues of a First Nation, the Board has the exclu-
sive authority to
(3) Subparagraph 53(2)(b)(i) of the Act is re-
placed by the following:
(i) with respect to local revenues, exercise any pow-
ers and fulfil any obligations of the council under
this Act, including under the regulations made un-
der this Act, or under any laws made under para-
graphs 5(1)(a) to (e) and 9(1)(a),
(4) Subparagraph 53(2)(b)(iv) of the Act is re-
placed by the following:
(iv) provide for the delivery of programs and ser-
vices that are paid for out of the First Nation’s local
revenues, manage assets related to those programs
and services and enter into or terminate agree-
ments in respect of those programs, services and
assets;
2018, c. 27, s. 399
(5) Paragraph 53(2)(d) of the Act is replaced by
the following:
(d) with respect to local revenues, exercise any powers
or fulfil any obligations delegated to the Board under a
law of the First Nation or an agreement between the
First Nation and the Board or between the First Na-
tion and the First Nations Finance Authority.
(6) Section 53 of the Act is amended by adding the
following after subsection (5):
Board not agent or mandatary
(5.1) For greater certainty, the Board is not an agent or
mandatary of the First Nations Finance Authority or the
First Nations Tax Commission while exercising its exclu-
sive authority under subsection (2).
2018, c. 27, par. 414(w)(E)
(7) Subsection 53(6) of the Act is replaced by the
following:
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Termination by Board
(6) The Board may terminate third-party management of
a First Nation’s local revenues, on giving notice to the
council of the First Nation, if
(a) it is of the opinion that there is no longer a serious
risk that the First Nation will default on an obligation
to the First Nations Finance Authority relating to a
loan secured by local revenues and the Authority con-
sents to the termination in writing;
(b) in the case of a First Nation that was in default of
an obligation to the First Nations Finance Authority
relating to a loan secured by local revenues, it is of the
opinion that the First Nation has remedied the default
and the Authority consents to the termination in writ-
ing;
(c) it is of the opinion that the situation for which
third-party management of the First Nation’s local
revenues was required has been remedied; or
(d) in the case of third-party management that was as-
sumed by the Board following receipt of a notice under
subsection 86(4), the First Nations Finance Authority
has, in writing, requested the termination and stated
its reasons for the request.
28 The Act is amended by adding the following
after section 53:
Third-party management — other revenues
53.1 (1) The Board may, on giving notice to the council
of a First Nation and to the Minister, assume manage-
ment of the First Nation’s other revenues, including
those that have not been used as security for a loan from
the First Nations Finance Authority,
(a) if, in the opinion of the Board, the co-management
arrangement entered into under section 52.1 has not
been effective;
(b) if, in the opinion of the Board, there is a serious
risk that the First Nation will default on an obligation
to the First Nations Finance Authority relating to a
loan secured by other revenues; or
(c) if the Board has received a notice under subsection
86(5).
Powers
(2) If the Board assumes third-party management of the
other revenues of a First Nation, the Board has the exclu-
sive authority to
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(a) subject to subsection (5), act in the place of the
council of the First Nation to make laws under para-
graphs 8.1(1)(a) and (b) and subsection 9(1);
(b) act in the place of the council of the First Nation to
(i) with respect to other revenues, exercise any
powers and fulfil any obligations of the council un-
der this Act, including under the regulations made
under this Act, or under any laws made under para-
graph 8.1(1)(a) or 9(1)(a),
(ii) manage the First Nation’s other revenues,
(iii) manage assets of the First Nation that are gen-
erating other revenues, including by exercising any
powers of the council to terminate an agreement, or
enter into a new agreement, in respect of those as-
sets,
(iv) undertake any necessary borrowing for the
purpose of remedying the situation for which third-
party management was required, and
(v) provide for the delivery of programs and ser-
vices that are paid for out of the First Nation’s other
revenues, manage assets related to those programs
and services and enter into or terminate agree-
ments in respect of those programs, services and
assets; and
(c) with respect to other revenues, exercise any pow-
ers or fulfil any obligations delegated to the Board un-
der a law of the First Nation or an agreement between
the First Nation and the Board or between the First
Nation and the First Nations Finance Authority.
Scope of power
(3) In exercising the authority referred to in subpara-
graph (2)(b)(ii), the Board may manage other revenues of
a First Nation that were received before, or that are re-
ceived after, the Board assumes management of the First
Nation’s other revenues, including those that are comin-
gled with other moneys of the First Nation. However, the
Board may not manage the First Nation’s other revenues
that are in a secured revenues trust account or an inter-
mediate account.
Board not agent or mandatary
(4) For greater certainty, the Board is not an agent or
mandatary of the First Nations Finance Authority while
exercising its exclusive authority under subsection (2).
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Delegation — consent of council required
(5) The Board shall not make a law under paragraph
8.1(1)(b) or 9(1)(b) that delegates a power to a person or
body to whom a power was not delegated at the time the
Board assumed third-party management of the other rev-
enues of a First Nation, unless the council of the First
Nation gives its consent.
Prohibition
(6) The council of a First Nation shall not, during the
time that the Board assumes third-party management of
the First Nation’s other revenues, repeal any law made
under paragraph 8.1(1)(c).
Review every six months
(7) If the Board has assumed third-party management of
a First Nation’s other revenues, it shall review the need
for third-party management at least once every six
months and advise the First Nations Finance Authority,
the First Nations Tax Commission and the council of the
First Nation of the results of its review.
Termination by Board
(8) The Board may terminate third-party management of
a First Nation’s other revenues, on giving notice to the
council of the First Nation, if
(a) it is of the opinion that there is no longer a serious
risk that the First Nation will default on an obligation
to the First Nations Finance Authority relating to a
loan secured by other revenues and the Authority con-
sents to the termination in writing;
(b) in the case of a First Nation that was in default of
an obligation to the First Nations Finance Authority
relating to a loan secured by other revenues, it is of the
opinion that the First Nation has remedied the default
and the Authority consents to the termination in writ-
ing;
(c) it is of the opinion that the situation for which
third-party management of the First Nation’s other
revenues was required has been remedied; or
(d) in the case of third-party management that was as-
sumed by the Board following receipt of a notice under
subsection 86(5), the First Nations Finance Authority
has, in writing, requested the termination and stated
its reasons for the request.
Opinion final
(9) An opinion given by the Board under this section is
final and conclusive and is not subject to appeal.
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Notice
(10) The Board shall advise the First Nations Finance
Authority and First Nations Tax Commission of the as-
sumption or termination of third-party management of a
First Nation’s other revenues.
2018, c. 27, par. 414(x)(E)
29 Section 54 of the Act is replaced by the follow-
ing:
Required information
54 At the request of the Board, a First Nation shall pro-
vide to the Board any information about the First Na-
tion’s financial management system and financial perfor-
mance that the Board requires for a decision regarding a
co-management arrangement or third-party manage-
ment of the First Nation’s local revenues or other rev-
enues.
2018, c. 27, par. 414(y)(E)
30 Paragraph 55(2)(c) of the Act is replaced by
the following:
(c) the implementation or termination of a co-man-
agement arrangement or third-party management of a
First Nation’s local revenues or other revenues.
31 The Act is amended by adding the following
after section 55:
Data Collection, Analysis and
Publication
Functions and powers
55.1 (1) The Board may, on matters within the scope of
its purposes, collect, analyze, abstract and publish data
for statistical purposes.
No identifying information
(2) The Board shall ensure that no First Nation, entity,
including an entity referred to in subsection 50.1(1), or
individual can reasonably be identified, whether directly
or indirectly, by any means, from any information that
the Board makes publicly available under subsection (1).
Exception
(3) The Board is not required to comply with subsection
(2) if the information is already in the public domain or
the First Nation, entity or individual to whom it relates
consents to being identified.
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Information sharing agreements
55.2 The Board may enter into agreements with a First
Nation, entity, including an entity referred to in subsec-
tion 50.1(1), or individual or any level of government con-
cerning the sharing of information for research, analysis
and publication purposes.
2018, c. 27, par. 414(z)(E)
32 (1) Paragraph 56(a) of the Act is replaced by
the following:
(a) respecting the implementation of a co-manage-
ment arrangement or third-party management of a
First Nation’s local revenues or other revenues, in-
cluding the obligations of affected First Nations to
provide access to financial records; and
2018, c. 27, par. 414(z)(E)
(2) Paragraph 56(b) of the French version of the
Act is replaced by the following:
b) fixer les droits que peut imposer le Conseil relative-
ment à la prestation de services, notamment les droits
imposés aux premières nations pour les services de co-
gestion et de gestion, ainsi que les modalités de leur
recouvrement.
2018, c. 27, s. 400
33 The portion of section 56.1 of the French ver-
sion of the Act before paragraph (a) is replaced
by the following:
Règlements
56.1 Le gouverneur en conseil peut, afin de donner à
une entité visée à l’un des alinéas 50.1(1)a) à e) la possibi-
lité d’obtenir les services du Conseil — autres que des ser-
vices de cogestion et de gestion —, prendre les règle-
ments qu’il estime nécessaires, et notamment :
34 The definitions long-term loan and short-term
loan in section 57 of the Act are repealed.
2018, c. 27, s. 403(1)
35 (1) Subparagraphs 74(a)(i) to (iii) of the Act
are replaced by the following:
(i) loans that have terms of one year or longer to fi-
nance or refinance capital assets for the provision
of local services on reserve lands, or
(ii) loans that have terms of less than one year to
meet cash-flow requirements for operating or capi-
tal purposes or to refinance a short-term debt in-
curred for capital purposes;
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(2) Paragraph 74(b) of the Act is replaced by the
following:
(b) secure for its borrowing members, through the use
of other revenues prescribed by regulation, loans for
any purpose prescribed by regulation;
(3) Paragraph 74(b) of the Act is replaced by the
following:
(b) secure for its borrowing members, through the use
of other revenues, loans for any purpose that pro-
motes a First Nation’s economic or social develop-
ment, including loans for
(i) capital assets that are to be wholly or partly
owned by the First Nation, including capital assets
for the provision of services, housing, plants, ma-
chinery, roads and buildings,
(ii) rolling stock that is to be wholly or partly
owned by the First Nation,
(iii) land that is to be wholly or partly owned by the
First Nation,
(iv) shares or any other ownership interest in a cor-
poration whose purpose includes the ownership,
operation, management or sale of the products of
power generating facilities, waste or wastewater
treatment facilities or other public service utilities
or facilities, and
(v) short-term financing to meet cash flow require-
ments for capital purposes or to refinance a short-
term debt incurred for capital purposes;
2018, c. 27, par. 414(z.2)(E)
(4) Paragraph 74(e) of the Act is replaced by the
following:
(e) provide advice regarding the development of fi-
nancing mechanisms for First Nations.
2015, c. 36, s. 195; 2018, c. 27, par. 414(z.3)(E)
36 Section 77 of the Act is replaced by the follow-
ing:
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Page 30 
Ceasing to be borrowing member
77 A borrowing member that has obtained a loan from
the Authority may cease to be a borrowing member only
with the consent of all other borrowing members.
2015, c. 36, s. 196; 2018, c. 27, s. 404(F) and par. 414(z.4)(E)
37 Subsection 78(1) of the Act is replaced by the
following:
Priority
78 (1) If a borrowing member is insolvent, the Authority
has priority over all other creditors of the borrowing
member for all moneys that are authorized or obligated
to be paid to the Authority under a law made by the bor-
rowing member, under this Act, including under the reg-
ulations, or under an agreement relating to borrowing
from the Authority, but the priority is only in respect of
any debt that arises on or after the day on which the bor-
rowing member receives the initial disbursement of the
first loan that it obtained from the Authority.
2018, s. 27, s. 405
38 (1) Section 79 of the Act is replaced by the fol-
lowing:
Limitations — loans
79 The Authority shall not make a loan to a borrowing
member unless the First Nations Tax Commission has
approved a law made by the borrowing member under
paragraph 5(1)(d) in respect of that loan.
(2) Section 79 of the Act is replaced by the follow-
ing:
Limitations — loans secured by property tax revenues
79 (1) The Authority shall not make a loan secured by
property tax revenues to a borrowing member unless the
First Nations Tax Commission has approved a law made
by the borrowing member under paragraph 5(1)(d) in re-
spect of that loan.
Limitations — loans secured by other revenues
(2) The Authority shall not make a loan secured by other
revenues to a borrowing member unless
(a) the borrowing member has made a law under
paragraph 8.1(1)(a) in respect of that loan and for-
warded a copy of it to the Authority;
(b) the Authority is satisfied that the borrowing mem-
ber has the ability to repay the loan;
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Page 31 
(c) the borrowing member has obtained a certificate
respecting financial performance from the First Na-
tions Financial Management Board under subsection
50(3) and forwarded a copy of it to the Authority;
(d) the borrowing member and the Authority have es-
tablished a secured revenues trust account that is
(i) managed by a third party approved by the Au-
thority, and
(ii) subject to terms that require the third party
managing the account to periodically pay to the Au-
thority the amounts required to be paid to it under
the borrowing agreement with the borrowing mem-
ber, at the times set out in that agreement, before
paying any remaining amount to the borrowing
member; and
(e) the borrowing member has required the payers of
the other revenues being used to secure the loan to de-
posit those other revenues into the secured revenues
trust account or an intermediate account during the
period of the loan.
Maintenance of registry and publication
79.1 The Authority shall maintain a registry of every law
made under paragraph 8.1(1)(a) that is forwarded to it
under paragraph 79(2)(a) and shall publish a copy of
each law on an Internet website to be maintained by the
Authority within 30 days after the day on which it is re-
ceived.
2015, c. 36, s. 197
39 Sections 80 and 81 of the Act are replaced by
the following:
Restriction
80 A borrowing member that has obtained a loan from
the Authority that is secured by property tax revenues
and has a term of one year or longer shall not subse-
quently obtain such a loan from any other person as long
as the loan from the Authority remains unpaid.
Limitations — short-term loans
81 The Authority shall not make a loan that has a term
of less than one year to a borrowing member for a pur-
pose described in subparagraph 74(a)(ii) unless the loan
is made in anticipation of local revenues set out in a law
made by the borrowing member under paragraph
5(1)(b).
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2015, c. 36, s. 199
40 (1) Subsection 84(1) of the Act is replaced by
the following:
Debt reserve fund
84 (1) The Authority shall establish a debt reserve fund
to make payments or sinking fund contributions for
which insufficient moneys are available from borrowing
members.
2015, c. 36, s. 199
(2) Subsection 84(2) of the Act is replaced by the
following:
Provisioning of fund
(2) Subject to a regulation that fixes different percent-
ages for the purposes of this subsection, the Authority
shall withhold — and deposit in the corresponding debt
reserve fund — 5% of the amount of any loan to a bor-
rowing member that is secured by property tax revenues
and of any loan to a borrowing member that is secured by
other revenues.
(3) Subsections 84(2) to (6) of the Act are replaced
by the following:
Provisioning of fund
(2) The Authority shall withhold — and deposit in the
debt reserve fund — 5% of the amount of any loan.
Percentage withheld may be reduced by board
(2.1) However, the board of directors may, by resolution,
reduce the percentage to be withheld from a loan under
subsection (2) to a percentage that is not less than 1%, if
the board of directors is satisfied that doing so would not
have a negative impact on the Authority’s credit rating.
Separate account
(3) A separate account shall be kept for each security is-
sued and for each borrowing member contributing to the
debt reserve fund.
Investments
(4) The funds of the debt reserve fund may be invested
only in securities, investments or deposits referred to in
paragraph 82(3)(a), (c) or (d) that mature or are callable
within five years, 25% of which must be callable within 90
days.
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Liability for shortfall
(5) The following rules apply if payments from the debt
reserve fund reduce its balance:
(a) if the balance is reduced by less than 50% of an
amount determined in any manner prescribed by reg-
ulation, the Authority may, in accordance with the
regulations, require borrowing members with unpaid
loans to pay without delay amounts sufficient to re-
plenish the debt reserve fund; and
(b) if the balance is reduced by 50% or more of an
amount determined in any manner prescribed by reg-
ulation, the Authority shall, in accordance with the
regulations, require borrowing members with unpaid
loans to pay without delay amounts sufficient to re-
plenish the debt reserve fund.
Repayment
(6) Money contributed by a borrowing member to the
debt reserve fund, and any investment income received
on it, that has not already been repaid to the borrowing
member by the Authority shall be repaid when all obliga-
tions in respect of the security for which the money was
contributed have been satisfied.
41 (1) Subsection 86(3) of the Act is replaced by
the following:
Report
(3) On receipt of a notice referred to in paragraph (1)(b)
in respect of a failure related to an obligation other than
payment, the First Nations Financial Management Board
shall advise the Authority in writing of its opinion on the
reasons for the failure and recommend any intervention
under section 52 or 53, in the case of an obligation relat-
ing to a loan secured by local revenues, or under section
52.1 or 53.1, in the case of an obligation relating to a loan
secured by other revenues, that it considers appropriate.
The Board must provide a copy of the report including its
opinion and any recommendations to the First Nations
Tax Commission.
2018, c.27, par. 414(z.5)(E)
(2) Subsection 86(4) of the Act is replaced by the
following:
Required intervention
(4) The Authority may, by notice in writing, require the
First Nations Financial Management Board to either — at
the Board’s discretion — impose a co-management ar-
rangement on a borrowing member in respect of its local
revenues or assume third-party management of its local
revenues
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(a) if, with respect to a loan secured by local revenues,
the borrowing member fails to make a payment to the
Authority under a borrowing agreement with the Au-
thority, or to pay a charge imposed by the Authority
under this Part; or
(b) if, with respect to a loan secured by local revenues,
the Authority receives a report of the Board under
subsection (3) in respect of the borrowing member.
(3) Section 86 of the Act is amended by adding the
following after subsection (4):
Required intervention
(5) The Authority may, by notice in writing, require the
First Nations Financial Management Board to either — at
the Board’s discretion — impose a co-management ar-
rangement on a borrowing member in respect of its other
revenues or assume third-party management of its other
revenues
(a) if, with respect to a loan secured by other rev-
enues, the borrowing member fails to make a payment
to the Authority under a borrowing agreement with
the Authority, or to pay a charge imposed by the Au-
thority under this Part; or
(b) if, with respect to a loan secured by other rev-
enues, the Authority receives a report of the Board un-
der subsection (3) in respect of the borrowing mem-
ber.
Copy to Commission
(6) The Authority must provide a copy of the notices re-
ferred to in subsections (4) and (5) to the First Nations
Tax Commission.
2015, c. 36, s. 201
42 Paragraphs 89(a) and (b) of the Act are re-
placed by the following:
(a) prescribing anything that is to be prescribed under
subsection 82(1) and paragraphs 84(5)(a) and (b),
85(3)(c) and (4)(b) and 87(2)(f); and
43 The Act is amended by adding the following
after section 95:
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PART 5.1
First Nations Powers Respecting
Services
Definition of service
96 In this Part, service means a service provided on re-
serve lands by or on behalf of a First Nation, including in
relation to the provision of water, wastewater manage-
ment, drainage, waste management, animal control,
recreation, transportation, telecommunications and en-
ergy.
Laws respecting the provision of services
97 (1) The council of a First Nation may make laws re-
specting the provision of services and respecting infras-
tructure located on the First Nation’s reserve lands that is
used in the provision of those services, including laws
(a) regulating or prohibiting the provision of services;
(b) imposing requirements and prohibitions with re-
spect to infrastructure; and
(c) respecting, subject to any conditions and proce-
dures prescribed by regulation, the enforcement of
laws made under this subsection, including by provid-
ing for measures to
(i) require any person or entity to refrain from do-
ing anything that constitutes or is directed toward
the contravention of those laws,
(ii) require any person or entity to do anything that
may prevent or remedy the contravention of those
laws,
(iii) recover costs incurred by the First Nation in
enforcing those laws and impose and recover inter-
est and penalties with respect to those costs,
(iv) create liens or, in Quebec, prior claims or legal
hypothecs on reserve lands and on interests or
rights in reserve lands, and
(v) discontinue services.
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For greater certainty
(2) For greater certainty, laws made under subsection (1)
apply only on the reserve lands of the First Nation that
made the laws.
Non-compliance with measure
(3) If a person or entity is not complying with a measure
referred to in subparagraph (1)(c)(i) or (ii), the First Na-
tion may take appropriate corrective measures at the ex-
pense of the person or entity.
Application to competent court
(4) The First Nation may apply to a court of competent
jurisdiction for an order directing a person or entity
named in the application to comply with a law made un-
der subsection (1), such as by
(a) refraining from doing anything that, in the opinion
of the court, constitutes or is directed toward the con-
travention of that law; or
(b) doing anything that, in the opinion of the court,
may prevent the contravention of that law.
Enforcement — Framework Agreement on First
Nation Land Management Act
(5) If a First Nation has adopted a land code as defined
in subsection 2(2) of the Framework Agreement on First
Nation Land Management Act or the council of a First
Nation has enacted a First Nation law as defined in sub-
section 2(1) of that Act, the First Nation may use any en-
forcement measure — other than a measure for the inves-
tigation or prosecution of an offence punishable on sum-
mary conviction referred to in paragraph 19.1(a) of the
Framework Agreement, as defined in subsection 2(1) of
that Act — that is provided for in that land code or First
Nation law to enforce a law made under subsection (1).
Regulations
(6) The Governor in Council may, on the recommenda-
tion of the Minister made having regard to any represen-
tations by the First Nations Infrastructure Institute,
make regulations prescribing anything that is to be pre-
scribed under paragraph (1)(c).
Publication
(7) The First Nation shall publish all laws made under
subsection (1) in the First Nations Gazette and provide a
copy of a law made under that subsection on request.
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Coming into force
98 A law made under subsection 97(1) comes into force
on the later of
(a) the day of coming into force set out in the law, and
(b) the day on which it is published in the First Na-
tions Gazette.
Judicial notice
99 In any proceedings, judicial notice may be taken of a
law made under subsection 97(1).
Statutory Instruments Act
100 The Statutory Instruments Act does not apply in re-
spect of a law made under subsection 97(1).
PART 5.2
First Nations Infrastructure
Institute
Definition
Definition of Institute
101 In this Part, Institute means the First Nations In-
frastructure Institute.
Establishment and Organization of
Institute
Establishment
102 (1) There is established an institute, to be known as
the First Nations Infrastructure Institute, to be managed
by a board of directors consisting of ten directors, includ-
ing a Chairperson and Vice-Chairperson.
Capacity, rights, powers and privileges
(2) The Institute has the capacity, rights, powers and
privileges of a natural person, including the capacity to
(a) enter into contracts;
(b) acquire, hold and dispose of property or an inter-
est or right in property, or lease property;
(c) raise, invest or borrow money; and
(d) sue and be sued.
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Not agent of His Majesty
103 The Institute is not an agent of His Majesty in right
of Canada.
Appointment of first directors
104 On the recommendation of the Minister, the Gover-
nor in Council shall appoint the first ten directors of the
board of directors, including a Chairperson, who are to
hold office during good behaviour for a term not exceed-
ing five years, subject to removal by the Governor in
Council at any time for cause.
Appointment of subsequent directors — Governor in
Council
105 (1) On the recommendation of the Minister, the
Governor in Council shall appoint three directors, includ-
ing a Chairperson, to hold office during good behaviour
for a term not exceeding five years, subject to removal by
the Governor in Council at any time for cause.
Committee to advise Minister
(2) The Minister may establish a committee to advise the
Minister on the appointment of directors, other than the
Chairperson, under subsection (1). This committee is to
include representation from the board of directors.
Appointment of subsequent directors — prescribed
bodies
(3) One or more bodies prescribed by regulation shall, in
accordance with any rules and procedures established by
the board of directors and subject to subparagraph
113(b)(ii), appoint seven additional directors to hold of-
fice during good behaviour for a term not exceeding five
years, subject to removal by the board under section 108.
Qualifications
106 The board of directors shall be composed of individ-
uals from across Canada, including members of First Na-
tions, who are committed to improving infrastructure
outcomes for First Nations and entities referred to in
subsection 50.1(1) and who have the experience or capac-
ity to enable the Institute to fulfil its mandate.
Election of Vice-Chairperson
107 The board of directors shall elect a Vice-Chairper-
son from among the directors.
Removal of directors
108 The board of directors may remove a director ap-
pointed under subsection 105(3) for cause at any time in
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accordance with the rules and procedures established un-
der subparagraph 113(b)(i).
Reappointment
109 (1) Directors may be reappointed for a second or
subsequent term of office.
Continuation in office
(2) Despite subsections 105(1) and (3), an appointed di-
rector continues to hold office until they are reappointed
or their successor is appointed.
Status
110 The Chairperson shall hold office on a full-time ba-
sis and the other directors shall hold office on a part-time
basis.
Remuneration
111 (1) Directors shall be paid the remuneration deter-
mined by the Governor in Council.
Expenses
(2) The Chairperson shall be reimbursed for reasonable
travel and other expenses incurred in performing duties
while absent from their ordinary place of work. Other di-
rectors shall be reimbursed for such expenses incurred in
performing duties while absent from their ordinary place
of residence.
Chairperson — functions
112 (1) The Chairperson is the chief executive officer of
the Institute and has supervision over, and direction of,
the work and staff of the Institute.
Interim Chairperson
(2) In the event of the absence or incapacity of the Chair-
person, the Vice-Chairperson shall assume the duties and
functions of the Chairperson.
Powers of the board
113 The board of directors may
(a) make any rules and procedures that it considers
necessary for the conduct of its meetings; and
(b) in respect of a director referred to in subsection
105(3),
(i) make any rules and procedures that it considers
necessary for their appointment or removal,
(ii) determine additional qualifications necessary
for their particular appointment, and
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(iii) establish the length of their term, which shall
not exceed five years.
Head office
113.1 The head office of the Institute shall be on reserve
lands at a location determined by the board of directors.
Staff
113.2 (1) The board of directors may
(a) hire any staff that is necessary to conduct the work
of the Institute; and
(b) determine the duties of those persons and the con-
ditions of their employment.
Salaries and benefits
(2) Persons hired under subsection (1) shall be paid the
salary and benefits fixed by the board of directors.
Purposes
Mandate
113.3 The purposes of the Institute are to
(a) assist First Nations and entities referred to in sub-
section 50.1(1) in planning, developing, procuring,
owning, managing, operating and maintaining infras-
tructure, including by providing review, analysis, as-
sessment, certification and monitoring services;
(b) assist First Nations in the exercise of their juris-
diction over the provision of services, as defined in
section 96, and over infrastructure;
(c) provide services or support the provision of ser-
vices respecting asset management;
(d) develop and deliver, and provide support for the
development and delivery of, training and education
services — and conduct research — respecting infras-
tructure and social, cultural, environmental, economic
and fiscal sustainability;
(e) support capacity development for infrastructure
planning, development, procurement, management,
operation, maintenance, funding and financing by
First Nations and entities referred to in subsection
50.1(1);
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(f) advance options to assist First Nations and entities
referred to in subsection 50.1(1) in developing and im-
plementing approaches to support the stable, effective
and long-term funding and financing of infrastruc-
ture;
(g) collaborate with First Nations, Indigenous institu-
tions and organizations and all levels of government to
support the development of legal and administrative
frameworks to improve the planning, development,
procurement, management, operation and mainte-
nance of infrastructure;
(h) provide policy research services, review and evalu-
ative services and advice to support First Nations and
entities referred to in subsection 50.1(1) in developing
fiscal frameworks and revenue streams to support the
development, management, operation and mainte-
nance of infrastructure;
(i) conduct research and provide advice and informa-
tion to the Government of Canada, including the Min-
ister, on the development and implementation of
frameworks to support the development of infrastruc-
ture that is socially, culturally, environmentally, eco-
nomically and fiscally sustainable; and
(j) collect data, publish statistical information and
conduct research and analysis on matters related to
the purposes set out in the other paragraphs of this
section.
Functions and Powers
Powers
113.4 (1) In furtherance of its purposes, the Institute
may enter into partnerships, agreements and other ar-
rangements with local, regional, national and interna-
tional organizations to provide services to First Nations
and entities referred to in subsection 50.1(1).
Provision of services
(2) On the request of a First Nation or an entity referred
to in subsection 50.1(1), the Institute may provide ser-
vices relating to its purposes to that First Nation or enti-
ty, including
(a) assistance in planning, developing, procuring,
owning, operating and maintaining infrastructure;
(b) project management support with respect to in-
frastructure;
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(c) the review of funding and financing options for in-
frastructure projects; and
(d) support in asset management.
Review of infrastructure project
113.5 (1) On the request of a First Nation or an entity
referred to in subsection 50.1(1), the Institute may review
an infrastructure project, or any aspect of an infrastruc-
ture project, involving that First Nation or entity for com-
pliance with the standards established under subsection
113.8(1).
Report
(2) On completion of the review, the Institute shall pro-
vide to the First Nation or entity a report setting out
(a) the scope of the review undertaken; and
(b) an opinion as to whether the infrastructure
project, or aspect of the infrastructure project, was in
compliance with the standards or as to which aspects
of the standards were not complied with.
Issuance of certificate
(3) If after completing the review the Institute is of the
opinion that the infrastructure project, or the reviewed
aspect, was in compliance, in all material respects, with
the standards, it shall issue to the First Nation or entity a
certificate to that effect.
Revocation of certificate
(4) The Institute may, on giving notice to the First Na-
tion or entity, revoke the First Nation’s or the entity’s
certificate if, on the basis of information available to the
Institute, it is of the opinion that the certificate was is-
sued on the basis of incomplete or incorrect information.
Form and content
(5) The Institute may determine the form and content of
certificates issued under subsection (3), including any re-
strictions as to the purposes for which, and the persons
by whom, they are intended to be used.
Opinion final
(6) An opinion of the Institute referred to in this section
is final and conclusive and is not subject to appeal.
Review for continued compliance
113.6 (1) On the request of a First Nation or an entity
referred to in subsection 50.1(1), or under the terms of an
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agreement between any level of government and the First
Nation or entity, the Institute may review an infrastruc-
ture project, or any aspect of an infrastructure project,
for which it has issued a certificate under subsection
113.5(3) for continued compliance with the standards es-
tablished under subsection 113.8(1).
Report
(2) On completion of the review, the Institute shall pro-
vide to the First Nation or entity a report setting out the
scope of its review and its findings and any recommenda-
tions.
Report final
(3) The content of the report is final and conclusive and
is not subject to appeal.
Review of First Nation laws
113.7 (1) On the request of a First Nation, the Institute
may review any law made by the council under subsec-
tion 97(1) for compliance with the standards established
under subsection 113.8(1).
Notification of compliance
(2) If after completing the review the Institute is of the
opinion that the law is in compliance, in all material re-
spects, with the standards, it shall notify the First Nation
of its opinion in writing.
Standards and Procedures
Standards
113.8 (1) The Institute may establish standards, not in-
consistent with the regulations, respecting
(a) the form and content of laws made under subsec-
tion 97(1);
(b) the planning, developing, procuring, owning, man-
aging, operating and maintaining infrastructure;
(c) asset management; and
(d) the certification and review of infrastructure
projects.
Procedures
(2) The Institute may establish procedures respecting
(a) reviews of laws made under subsection 97(1) and
requests for such reviews;
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(b) the provision of services under subsection 113.4(2)
and requests for such services;
(c) reviews of infrastructure projects, requests for
such reviews, and the issuance of certificates under
section 113.5; and
(d) reviews for continued compliance under section
113.6 and requests for such reviews.
Statutory Instruments Act
(3) The Statutory Instruments Act does not apply to a
standard established under subsection (1) or a procedure
established under subsection (2).
First Nations Gazette
(4) The Institute shall publish all standards established
under subsection (1) and procedures established under
subsection (2) in the First Nations Gazette.
Data Collection, Analysis and
Publication
Functions and powers
113.9 (1) The Institute may, on matters within the
scope of its purposes, collect, analyze, abstract and pub-
lish data for statistical purposes.
No identifying information
(2) The Institute shall ensure that no First Nation, entity,
including an entity referred to in subsection 50.1(1), or
individual can reasonably be identified, whether directly
or indirectly, by any means, from any information that
the Institute makes publicly available under subsection
(1).
Exception
(3) The Institute is not required to comply with subsec-
tion (2) if the information is already in the public domain
or the First Nation, entity or individual to whom it relates
consents to being identified.
Information sharing agreements
113.91 The Institute may enter into agreements with a
First Nation, entity, including an entity referred to in
subsection 50.1(1), or individual or any level of govern-
ment concerning the sharing of information for research,
analysis and publication purposes.
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Regulations
Regulations
113.92 The Governor in Council may, on the recom-
mendation of the Minister made having regard to any
representations by the Institute, make regulations pre-
scribing fees that the Institute may charge for services
and the manner in which the fees may be recovered.
44 (1) The definition institution in section 114 of
the Act is replaced by the following:
institution means the First Nations Tax Commission,
the First Nations Financial Management Board or the
First Nations Infrastructure Institute. (institution)
(2) The definition board of directors in section 114
of the Act is amended by striking out “and” at the
end of paragraph (a), by adding “and” at the end
of paragraph (b) and by adding the following af-
ter paragraph (b):
(c) in respect of the First Nations Infrastructure Insti-
tute, the directors referred to in subsection 102(1).
(conseil d’administration)
45 (1) Subsection 118(1) of the Act is replaced by
the following:
Corporate plans
118 (1) Each institution shall, in accordance with any
directions given by the Minister, establish a five-year cor-
porate plan and a budget for each financial year and sub-
mit them to the Minister for approval.
(2) Paragraphs 118(2)(b) and (c) of the Act are re-
placed by the following:
(b) the institution’s objectives for the five-year period
to which the plan relates and the strategy it intends to
employ to achieve those objectives; and
(c) the institution’s expected performance for that
five-year period as compared to its objectives set out
in the last corporate plan.
46 (1) Subparagraph 120(2)(a)(iii) of the English
version of the Act is replaced by the following:
(iii) the transactions of the institution that have
come to the auditor’s notice in the course of their
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Page 46 
examination for the report were carried out in ac-
cordance with this Act; and
(2) Paragraph 120(2)(b) of the English version of
the Act is replaced by the following:
(b) call attention to any other matter falling within the
scope of the auditor’s examination for the report that,
in their opinion, should be brought to the attention of
the institution or the Minister.
47 Subsection 122(1) of the English version of the
Act is replaced by the following:
Report
122 (1) An examiner shall, on completion of a special
examination in respect of an institution, submit a report
on their findings, and a summary of that report, to the
Minister and to the board of directors of the institution.
48 (1) Subsection 131(2) of the Act is replaced by
the following:
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.
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 meet-
ing, such as by providing instructions on how to par-
ticipate electronically; and
(c) specifying that the institution’s annual report may
be accessed on that website.
(2) Paragraphs 131(3)(a) and (b) of the Act are re-
placed by the following:
(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 institu-
tion’s operations.
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Page 47 
2012, c. 19, ss. 661 and 662
49 Sections 132 to 134 of the Act are replaced by
the following:
Conflict of interest
132 (1) No person who is appointed to, or employed by,
the First Nations Tax Commission, First Nations Finan-
cial Management Board, First Nations Finance Authority
or First Nations Infrastructure Institute shall be appoint-
ed to, or employed by, any other one of those bodies.
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 inter-
est.
Conflict of interest
(3) All persons appointed to the First Nations Tax Com-
mission, 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.
Liability of His Majesty
133 (1) No person has a right to receive any compensa-
tion, 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 Finan-
cial 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.
Insurance required
(2) The First Nations Tax Commission, First Nations Fi-
nancial Management Board, First Nations Finance Au-
thority and First Nations Infrastructure Institute shall
maintain in good standing at all times the insurance cov-
erage required by any regulations made under paragraph
140(b).
No appropriation
134 No payment to the First Nations Tax Commission,
First Nations Financial Management Board, First Na-
tions Finance Authority or First Nations Infrastructure
Institute may be made under an appropriation by
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consequential amendments to other Acts, and to make a clarification relating to
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49

Page 48 
Parliament authorized under an Act of Parliament to en-
able the Commission, Board, Authority or Institute to
satisfy any claim referred to in subsection 133(1).
2018, c. 27, s. 410
50 Section 136 of the Act is replaced by the fol-
lowing:
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 perfor-
mance, 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 Finan-
cial Management Board or a person acting on its be-
half; and
(c) a director or employee of the First Nations Infras-
tructure Institute or a person acting on its behalf.
2018, c. 27, s. 410
51 Section 136.1 of the Act is replaced by the fol-
lowing:
Limit of liability — co-management or third-party
management
136.1 Despite anything in federal or provincial law, if,
under this Act, the First Nations Financial Management
Board has required a First Nation to enter into a co-man-
agement arrangement or has assumed third-party man-
agement of a First Nation’s local revenues or other rev-
enues, 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 Na-
tion.
2018, c. 27, par. 414(z.6)(E)
52 (1) Subsection 138(1) of the Act is replaced by
the following:
Conflict with other laws
138 (1) In the event of a conflict between a local rev-
enue 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 an-
other Act of Parliament, the Act, regulations or code pre-
vails to the extent of the conflict.
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Page 49 
(2) Subsection 138(1) of the Act is replaced by the
following:
Conflict with other laws
138 (1) In the event of a conflict between a local rev-
enue law, a law made under subsection 8.1(1) 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 Parlia-
ment, the Act, regulations or code prevails to the extent
of the conflict.
53 Subsection 139(2) of the Act is replaced by the
following:
Official languages
(2) If there is a demand for services in a particular offi-
cial language, the First Nations Financial Management
Board, First Nations Finance Authority and First Nations
Infrastructure Institute shall offer services in that lan-
guage.
2015, c. 36, s. 202
54 Paragraphs 140(a) and (b) of the Act are re-
placed by the following:
(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 Na-
tions Finance Authority and First Nations Infrastruc-
ture Institute in respect of liabilities referred to in sub-
section 133(1), including the circumstances in which
the Commission, Board, Authority or Institute would
be exempt from that requirement.
2018, c. 27, s. 411 and par. 413(E)
55 (1) The portion of subsection 141(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
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
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Page 50 
2018, c. 27, s. 411 and par. 413(c)(E)
(2) The portion of subsection 141(2) of the Act be-
fore paragraph (a) is replaced by the following:
Amendments to schedule in regulations
(2) The Minister may, by order, at the request of the gov-
erning body of an Indigenous group referred to in sub-
section (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
2018, c. 27, s. 411 and par. 413(c)(E)
(3) Paragraphs 141(2)(a) and (b) of the English
version of the Act are replaced by the following:
(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 re-
main unpaid.
2018, c. 27, s. 412
56 Section 141.1 of the Act is renumbered as sub-
section 141.1(1) and is amended by adding the fol-
lowing:
Amendments to schedule in regulations
(2) The Minister may, by order, at the request of an orga-
nization 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.
57 Section 142 of the Act is repealed.
Consequential Amendments
R.S., c. A-1
Access to Information Act
58 Schedule I to the Access to Information Act is
amended by adding the following in alphabetical
order under the heading “Other Government In-
stitutions”:
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Page 51 
First Nations Infrastructure Institute
Institut des infrastructures des premières nations
R.S., c. P-21
Privacy Act
59 The schedule to the Privacy Act is amended
by adding the following in alphabetical order un-
der the heading “Other Government Institu-
tions”:
First Nations Infrastructure Institute
Institut des infrastructures des premières nations
Transitional Provisions
Transition to five-year plan
60 An institution, as defined in section 114 of the
First Nations Fiscal Management Act, may, for
the financial year following the day on which sec-
tion 45 comes into force, establish a corporate
plan in accordance with section 118 of that Act ei-
ther as it read immediately before that day or as
it reads on or after that day.
Part 6 of First Nations Fiscal Management Act
61 (1) Subsections 118(1), 120(4), 121(1) and 128(1),
section 129 and subsection 130(1) of the First Na-
tions Fiscal Management Act do not apply to the
Institute or to its present or former directors, of-
ficers, employees or agents or mandataries until
the first day of the second financial year follow-
ing the financial year in which all the directors
have been appointed under section 104 of that
Act.
Institute’s first annual meeting
(2) Despite subsection 131(1) of the First Nations
Fiscal Management Act, the board of directors of
the Institute must call its first annual meeting
within 18 months after the first day of the second
financial year following the financial year in
which all the directors have been appointed un-
der section 104 of that Act.
Definition of Institute
(3) In this section, Institute has the same meaning
as in subsection 101 of the First Nations Fiscal
Management Act.
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consequential amendments to other Acts, and to make a clarification relating to
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Consequential Amendments
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Page 52 
Section 83 of the Indian Act
By-laws approved
62 All by-laws made under subsection 83(1) of
the Indian Act from July 15, 2019 to May 16, 2020
that received approval, in whole or in part, from
the Minister of Crown-Indigenous Relations dur-
ing that time are deemed to have received it in-
stead from the Minister of Indigenous Services.
Coming into Force
Order in council
63 Subsections 3(1), (3) and (5), section 4, subsec-
tions 5(2) and (4), sections 6, 9, 15 and 24 to 26,
subsections 27(1), (2) and (4) to (7), sections 28 to
30, 32 and 33, subsection 35(3), section 36, subsec-
tions 38(2) and 40(1) and (3), sections 41, 42 and 51,
subsection 52(2) and section 57 come into force
on a day or days to be fixed by order of the Gov-
ernor in Council.
Published under authority of the Speaker of the House of Commons
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consequential amendments to other Acts, and to make a clarification relating to
another Act
Section 83 of the Indian Act
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Available on the House of Commons website
Disponible sur le site Web de la Chambre des com