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

Act current to 2020-07-28 and last amended on 2020-07-20. Previous Versions

PART 7Provisions of General Application

General

Marginal note:Conflict of interest

  •  (1) No person who is appointed to, or is employed by, a commission, board or authority established under this Act shall be appointed to, or be employed by, any other commission, board or authority established under this Act.

  • Marginal note:Conflict of interest

    (2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person’s duties or take part in any matter involving the commission, board or authority in which that person has an interest.

  • Marginal note:Conflict of interest

    (3) All persons appointed to a commission or board established under this Act shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.

  • 2005, c. 9, s. 132
  • 2006, c. 9, s. 8
  • 2012, c. 19, s. 661

Marginal note:Liability of Her Majesty

  •  (1) No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority arising from its exercise of, or its failure to exercise, any of the powers or functions of that Commission, Board or Authority, as the case may be, including any claim against the First Nations Tax Commission as an agent of Her Majesty in right of Canada.

  • Marginal note:Insurance required

    (2) The First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b).

  • 2005, c. 9, s. 133
  • 2012, c. 19, s. 662

Marginal note:No appropriation

 No payment to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board or Authority to satisfy any claim referred to in subsection 133(1).

  • 2005, c. 9, s. 134
  • 2012, c. 19, s. 662

Marginal note:No compensation

 No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada, or from the First Nations Tax Commission, for any acquired, vested or future right, or for any prospect of such a right, that is affected by a law approved by the First Nations Tax Commission under subsection 31(3), or for any duty or liability imposed on that person as a result of such a law.

Marginal note:Limit of liability — commissioner, director, employee, etc.

 No civil proceedings lie against a commissioner or employee of the First Nations Tax Commission, a director or employee of the First Nations Financial Management Board or a person acting on behalf of the Commission or Board for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with this Act or regulations made under this Act.

  • 2005, c. 9, s. 136
  • 2012, c. 19, s. 663
  • 2018, c. 27, s. 410

Marginal note:Limit of liability — co-management or third-party management

 Despite anything in federal or provincial law, if the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues in accordance with section 52 or has assumed management of a First Nation’s local revenues in accordance with section 53, 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 Nation.

  • 2018, c. 27, s. 410

Marginal note:Personal liability for costs

 No director or employee of the First Nations Financial Management Board or person acting on behalf of the Board is personally liable for costs

  • (a) awarded in any civil proceedings brought against any of them in relation to anything done, or omitted to be done, in the exercise or purported exercise of any power, or in the performance or purported performance of any duty, of that person or the Board in accordance with this Act or the regulations made under this Act, unless a court otherwise directs; or

  • (b) awarded against the Board in any civil proceedings.

  • 2018, c. 27, s. 410

Marginal note:Limit of liability

 No civil proceedings lie against a member of a council or an employee of a First Nation for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power, or the performance or purported performance in good faith of any duty, of that member or employee in accordance with this Act, regulations made under this Act or a law made by the council of a First Nation under this Act.

  • 2005, c. 9, s. 137
  • 2018, c. 27, s. 414(E)

Marginal note:Conflict with other laws

  •  (1) In the event of a conflict between a local revenue law 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.

  • Marginal note:Conflict with other First Nation laws

    (2) In the event of a conflict between a law made by a First Nation under this Act and a law, other than a code, made by the First Nation under another Act of Parliament, the law made by the First Nation under this Act prevails to the extent of the conflict.

  • 2005, c. 9, s. 138
  • 2018, c. 27, s. 414(E)

Marginal note:Official languages

  •  (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission.

  • Marginal note:Official languages

    (2) Where there is a significant demand for services in a particular official language, the First Nations Financial Management Board and First Nations Finance Authority shall offer services in that language.

  • 2005, c. 9, s. 139
  • 2012, c. 19, s. 664

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing anything that is to be prescribed under subsection 20(3) or 41(2) or section 116; and

  • (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board or Authority would be exempt from that requirement.

  • 2005, c. 9, s. 140
  • 2012, c. 19, s. 665
  • 2015, c. 36, s. 202

Marginal note:Regulations

  •  (1) For the purpose of enabling an Aboriginal group that is not a band as defined in subsection 2(1) of the Indian Act but 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

    • (a) adapting any provision of this Act or of any regulation made under this Act; and

    • (b) restricting the application of any provision of this Act or of any regulation made under this Act.

  • Marginal note:Amendments to schedule in regulations

    (2) If the regulations made under subsection (1) include a schedule listing the Aboriginal groups that are subject to those regulations, the Minister may, by order, at the request of the governing body of an Aboriginal group referred to in that subsection, amend the schedule in order to

    • (a) add or change the name of the Aboriginal group; or

    • (b) delete the name of the Aboriginal group, as long as there are no amounts owing by the Aboriginal group to the First Nations Finance Authority that remain unpaid.

  • 2005, c. 9, s. 141
  • 2018, c. 27, ss. 411, 413(E)

Marginal note:Regulations — organizations referred to in paragraph 50.1(1)(e)

 For the purpose of enabling an organization referred to in paragraph 50.1(1)(e) to benefit from the provisions of this Act, other than Parts 1, 2 and 5, or obtain the services of the First Nations Financial Management Board or the First Nations Finance Authority, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act; and

  • (b) restricting the application of any provision of this Act or of any regulation made under this Act.

  • 2018, c. 27, s. 412
 
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