diff --git "a/task6_model_deployment/assets/C-45_4.txt" "b/task6_model_deployment/assets/C-45_4.txt" new file mode 100644--- /dev/null +++ "b/task6_model_deployment/assets/C-45_4.txt" @@ -0,0 +1,2511 @@ +Page 1 +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 + +Page 2 +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 +2021-2022-2023 + +Page 3 +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 +2021-2022-2023 + +Page 4 +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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +2 + +Page 5 +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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +3 + +Page 6 +(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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +3 + +Page 7 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 3-5 + +Page 8 +(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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 5-6 + +Page 9 +(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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 6-8 + +Page 10 +(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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 8-10 + +Page 11 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 10-13 + +Page 12 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 13-14 + +Page 13 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 14-15 + +Page 14 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 15-16 + +Page 15 +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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 16-20 + +Page 16 +(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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +20 + +Page 17 +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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 20-22 + +Page 18 +(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); +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 22-23 + +Page 19 +(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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 23-25 + +Page 20 +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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +25 + +Page 21 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 25-26 + +Page 22 +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). +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 26-27 + +Page 23 +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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +27 + +Page 24 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 27-28 + +Page 25 +(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). +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +28 + +Page 26 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +28 + +Page 27 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 28-31 + +Page 28 +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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 31-35 + +Page 29 +(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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 35-36 + +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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 36-38 + +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). +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 38-39 + +Page 32 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +40 + +Page 33 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 40-41 + +Page 34 +(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: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 41-43 + +Page 35 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 36 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 37 +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 38 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 39 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 40 +(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); +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 41 +(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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 42 +(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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 43 +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; +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 44 +(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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +43 + +Page 45 +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 43-46 + +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 46-48 + +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Section +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. +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 49-52 + +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 +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 52-55 + +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”: +2021-2022-2023 +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 +First Nations Fiscal Management Act +Sections 55-58 + +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. +2021-2022-2023 +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 +Consequential Amendments +Access to Information Act +Sections 58-61 + +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 +2021-2022-2023 +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 +Section 83 of the Indian Act +Sections 62-63 + +Page 53 + +Page 54 +Available on the House of Commons website +Disponible sur le site Web de la Chambre des com +