First Nations Fiscal Management Act

Marginal note:Review on request

• 33 (1) On the request in writing by a member of a First Nation, or by a person who holds an interest or right in reserve lands, who

  • (a) is of the opinion that the 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,

  • (b) has requested the council of the First Nation to remedy the situation, and

  • (c) is of the opinion that the council has not remedied the situation,

  the Commission shall conduct a review of the matter in accordance with the regulations.

• Marginal note:Independent review

  (2) If the Commission is of the opinion 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, it shall conduct a review of the matter in accordance with the regulations.

• Marginal note:Remedying the situation

  (3) If, after conducting a review, the Commission considers 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

  • (a) shall order the First Nation to remedy the situation; and

  • (b) may, if the First Nation does not remedy the situation within the time set out in the order, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on the First Nation under section 52 or assume third-party management under section 53 to remedy the situation.