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

Marginal note:Approval by members

• 91 (1) If the council of a First Nation intends to request the payment of moneys under subsection 90(1), the council shall conduct a vote among the First Nation’s eligible voters on the approval of the payment of the moneys.

• Marginal note:Eligible voters

  (2) Every First Nation member, whether resident on a reserve of the First Nation or not, is an eligible voter if the member is at least 18 years old on the date of the vote.

• Marginal note:Independent legal and financial advice

  (3) Before conducting the vote under subsection (1), the council shall obtain independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation.

• Marginal note:Information to be provided

  (4) Before conducting the vote under subsection (1), the council shall also take reasonable measures that are in accordance with the First Nation’s practices to inform eligible voters of

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

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

  • (c) the implications of the payment of the moneys and the reasons why the payment is for the benefit of the First Nation; and

  • (d) the fact that the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a).

• Marginal note:Majority approval

  (5) The payment of the moneys to the First Nation is approved if a majority of eligible voters who participated voted to approve the payment.

• Marginal note:Minimum participation

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

• Marginal note:Increased percentage

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

Marginal note:Initial payment of moneys

• 92 (1) After the resolution is submitted to the Minister by the council of the First Nation under subsection 90(1), the moneys held by Her Majesty for the First Nation’s use and benefit shall be paid to the First Nation out of the Consolidated Revenue Fund, if the Minister is satisfied that

  • (a) the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and the law has been approved by the First Nations Financial Management Board;

  • (b) the council has obtained independent legal advice and independent financial advice with respect to the risks of the payment of the moneys to the First Nation; and

  • (c) the payment of the moneys to the First Nation has been approved under section 91.

• Marginal note:Subsequent payment

  (2) Following a payment of moneys under subsection (1), all moneys subsequently collected or received by Her Majesty for the use and benefit of the First Nation shall be paid out of the Consolidated Revenue Fund to the First Nation.

• Marginal note:Subsection (2) ceases to apply

  (3) Subsection (2) shall cease to apply if the law referred to in paragraph (1)(a) is repealed, and at the time of its repeal, it is not concurrently replaced by a law respecting the financial administration of the First Nation made under paragraph 9(1)(a) that has been approved by the First Nations Financial Management Board.

Marginal note:Liability for future management

93 Following the payment of moneys under section 92, Her Majesty is not liable for the management of those moneys.

Marginal note:Past liability

94 This Act does not affect the liability of Her Majesty or a First Nation for any act or omission in respect of moneys occurring before a payment referred to in section 93.

Marginal note:Indian Act

95 Sections 61 to 69 of the Indian Act do not apply in respect of moneys paid to a First Nation under section 92 of this Act.

PART 5.1First Nations Powers Respecting Services

Marginal note:Definition of service

96 In this Part, service means a service provided on reserve lands by or on behalf of a First Nation, including in relation to the provision of water, wastewater management, drainage, waste management, animal control, recreation, transportation, telecommunications and energy.

Marginal note:Laws respecting the provision of services

• 97 (1) The council of a First Nation may make laws respecting the provision of services and respecting infrastructure 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 respect to infrastructure; and

  • (c) respecting, subject to any conditions and procedures prescribed by regulation, the enforcement of laws made under this subsection, including by providing for measures to

    • (i) require any person or entity to refrain from doing 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 interest 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.

• Marginal note: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.

• Marginal note: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 Nation may take appropriate corrective measures at the expense of the person or entity.

• Marginal note: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 under subsection (1), such as by

  • (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or

  • (b) doing anything that, in the opinion of the court, may prevent the contravention of that law.

• Marginal note: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 subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation 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 law made under subsection (1).

• Marginal note:Regulations

  (6) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the First Nations Infrastructure Institute, make regulations prescribing anything that is to be prescribed under paragraph (1)(c).

• Marginal note: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.

Marginal note: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 Nations Gazette.

Marginal note:Judicial notice

99 In any proceedings, judicial notice may be taken of a law made under subsection 97(1).

Marginal note:Statutory Instruments Act

100 The Statutory Instruments Act does not apply in respect of a law made under subsection 97(1).

PART 5.2First Nations Infrastructure Institute

Definition

Marginal note:Definition of Institute

101 In this Part, Institute means the First Nations Infrastructure Institute.

Establishment and Organization of Institute

Marginal note: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, including a Chairperson and Vice-Chairperson.

• Marginal note: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 interest or right in property, or lease property;

  • (c) raise, invest or borrow money; and

  • (d) sue and be sued.

Marginal note:Not agent of His Majesty

103 The Institute is not an agent of His Majesty in right of Canada.

Marginal note:Appointment of first directors

104 On the recommendation of the Minister, the Governor 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 exceeding five years, subject to removal by the Governor in Council at any time for cause.

Marginal note:Appointment of subsequent directors — Governor in Council

• 105 (1) On the recommendation of the Minister, the Governor in Council shall appoint three directors, including 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.

• Marginal note: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.

• Marginal note: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 office during good behaviour for a term not exceeding five years, subject to removal by the board under section 108.

Marginal note:Qualifications

106 The board of directors shall be composed of individuals from across Canada, including members of First Nations, 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 capacity to enable the Institute to fulfil its mandate.