Marginal note:Information privileged

• 109. (1) Except for the purpose of conducting a prosecution under this Act, information obtained by the Institute that can be related to any identifiable individual, business, organization or first nation is privileged and shall not be used as evidence in a legal proceeding.

• Marginal note:No compulsion to produce

  (2) No person referred to in section 103 shall be required by an order of a court, tribunal or other body to give testimony in respect of any information referred to in subsection (1).

Marginal note:Powers of Statistics Canada

110. Nothing in this Act shall be construed so as to limit the powers and duties of Statistics Canada under the Statistics Act.

Marginal note:Offence

111. Every person who, after making an oath or solemn affirmation under section 103,

• (a) wilfully makes a false declaration, statement or return in the performance of his or her duties,

• (b) in the pretended performance of his or her duties, obtains or seeks to obtain information that the person is not authorized to obtain, or

• (c) contravenes section 108

is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both.

Marginal note:Secret information

112. Every person who, after making an oath or solemn affirmation under section 103,

• (a) wilfully discloses, directly or indirectly, information obtained in the course of his or her duties that might affect the market value of a security or commodity, including any information referred to in subsection 108(2), to any person who has not been sworn or affirmed under section 103, or

• (b) uses any information described in paragraph (a) for the purpose of speculating in a security or commodity

is guilty of an offence and liable on summary conviction to a fine not exceeding the aggregate of $5,000 and double the amount of any benefit obtained from speculation referred to in paragraph (b) or to imprisonment for a term not exceeding five years, or to both.

Marginal note:Regulations

113. The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Institute, make regulations prescribing anything to be prescribed under paragraph 105(2)(q) or subsection 107(1).

Marginal note:Definitions

114. The following definitions apply in this Part.

“board of directors”

« conseil d’administra­tion »

“board of directors” includes

• (a) in respect of the First Nations Tax Commission, the commissioners referred to in section 17; and

• (b) in respect of the First Nations Financial Management Board, the directors referred to in section 38.

“institution”

« institution »

“institution” means the First Nations Tax Commission or the First Nations Financial Management Board.