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 (S.C. 2023, c. 16)

• 44 (1) The definition institution in section 114 of the Act is replaced by the following:

  institution

  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 after paragraph (b):

  • (c) in respect of the First Nations Infrastructure Institute, the directors referred to in subsection 102(1). (conseil d’administration)

• 45 (1) Subsection 118(1) of the Act is replaced by the following:

  Marginal note:Corporate plans

  • 118 (1) Each institution shall, in accordance with any directions given by the Minister, establish a five-year corporate plan and a budget for each financial year and submit them to the Minister for approval.

• (2) Paragraphs 118(2)(b) and (c) of the Act are replaced 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 examination for the report were carried out in accordance 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:

• 48 (1) Subsection 131(2) of the Act is replaced by the following:

  • Marginal note: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.

  • Marginal note: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 meeting, such as by providing instructions on how to participate 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 replaced 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 institution’s operations.

Marginal note:2012, c. 19, ss. 661 and 662

49 Sections 132 to 134 of the Act are replaced by the following:

Marginal note:2018, c. 27, s. 410

50 Section 136 of the Act is replaced by the following:

Marginal note:2018, c. 27, s. 410

51 Section 136.1 of the Act is replaced by the following:

Marginal note:2018, c. 27, par. 414(z.6)(E)

• 52 (1) Subsection 138(1) of the Act is replaced by the following:

  Marginal note:Conflict with other laws

  • 138 (1) In the event of a conflict between a local revenue 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 another Act of Parliament, the Act, regulations or code prevails to the extent of the conflict.

• (2) Subsection 138(1) of the Act is replaced by the following:

  Marginal note:Conflict with other laws

  • 138 (1) In the event of a conflict between a local revenue 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 Parliament, the Act, regulations or code prevails to the extent of the conflict.

53 Subsection 139(2) of the Act is replaced by the following:

Marginal note:2015, c. 36, s. 202

54 Paragraphs 140(a) and (b) of the Act are replaced by the following:

Marginal note: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 following:

  Marginal note: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

• Marginal note:2018, c. 27, s. 411 and par. 413(c)(E)

  (2) The portion of subsection 141(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Amendments to schedule in regulations

    (2) The Minister may, by order, at the request of the governing body of an Indigenous group referred to in subsection (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

• Marginal note: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 remain unpaid.

Marginal note:2018, c. 27, s. 412

56 Section 141.1 of the Act is renumbered as subsection 141.1(1) and is amended by adding the following: