First Nations Fiscal Management Act

Marginal note:Definitions

• 2 (1) The following definitions apply in this Act.

  borrowing member

  borrowing member means a First Nation that has been accepted as a borrowing member under subsection 76(2) and has not ceased to be a borrowing member under section 77. (membre emprunteur)

  capital assets

  capital assets includes capital infrastructure. (immobilisation)

  council

  council has the same meaning as council of the band in subsection 2(1) of the Indian Act. (conseil de la première nation)

  First Nation

  First Nation means a band named in the schedule. (première nation)

  First Nations Finance Authority

  First Nations Finance Authority means the corporation established under section 58. (Administration financière des premières nations)

  First Nations Financial Management Board

  First Nations Financial Management Board means the board established under subsection 38(1). (Conseil de gestion financière des premières nations)

  First Nations Gazette

  First Nations Gazette means the publication published under section 34. (Gazette des premières nations)

  First Nations Infrastructure Institute

  First Nations Infrastructure Institute means the institute established under subsection 102(1). (Institut des infrastructures des premières nations)

  First Nations Statistical Institute

  First Nations Statistical Institute[Repealed, 2012, c. 19, s. 659]

  First Nations Tax Commission

  First Nations Tax Commission means the commission established under subsection 17(1). (Commission de la fiscalité des premières nations)

  interest

  interest, in relation to reserve lands in Canada elsewhere than in Quebec, means any estate, right or interest of any nature in or to the lands, including any right to occupy, possess or use the lands, but does not include title to the lands that is held by her Majesty. (intérêt)

  intermediate account

  intermediate account means an account established by a First Nation in which other revenues to be used for financing under this Act are deposited and out of which the First Nations Finance Authority is authorized to transfer such revenues to a secured revenues trust account. (compte intermédiaire)

  local revenue law

  local revenue law means a law made under subsection 5(1). (texte législatif sur les recettes locales)

  local revenues

  local revenues means moneys raised under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a). (recettes locales)

  Minister

  Minister means the Minister of Crown-Indigenous Relations. (ministre)

  other revenues

  other revenues means

  • (a) tax revenues and fees imposed or collected by a First Nation under a law or agreement, other than

    • (i) local revenues, and

    • (ii) revenues from taxes administered by His Majesty in right of Canada on the First Nation’s behalf, including under the First Nations Goods and Services Tax Act, unless an agreement between them specifically permits the use of the revenues as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied;

  • (b) royalties payable to a First Nation under the Framework Agreement, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act, or under the First Nations Oil and Gas and Moneys Management Act;

  • (c) royalties payable to His Majesty in right of Canada under the Indian Act or the Indian Oil and Gas Act on behalf of a First Nation that has assumed control of its moneys under the First Nations Oil and Gas and Moneys Management Act;

  • (d) revenues that are from leases, permits or other instruments or acts authorizing the use of reserve land issued under the Indian Act and that a First Nation has assumed control of under the First Nations Oil and Gas and Moneys Management Act;

  • (e) revenues from leases, permits or other instruments or acts authorizing the use of reserve land issued under the Framework Agreement, as defined in subsection 2(1) of the Framework Agreement on First Nation Land Management Act;

  • (f) revenues otherwise payable to a First Nation under any agreement with a person other than His Majesty in right of Canada — with the exception of revenues collected by His Majesty in right of Canada on the First Nation’s behalf unless an agreement between them specifically permits their use as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied;

  • (g) revenues, other than local revenues, received by a First Nation from businesses wholly or partly owned by it, including dividends from shares owned by it;

  • (h) transfers from a provincial, regional, municipal or local government to a First Nation;

  • (i) transfers from His Majesty in right of Canada to a First Nation if the agreement governing the transfer specifically permits the use of the transfer as security for a loan referred to in paragraph 74(b) and if any other applicable conditions are satisfied;

  • (j) interest earned by a First Nation on deposits, investments or loans, other than interest held by His Majesty in right of Canada on the First Nation’s behalf; and

  • (k) revenues prescribed by regulation. (autres recettes)

  property taxation law

  property taxation law means a law made under paragraph 5(1)(a). (texte législatif relatif à l’imposition foncière)

  right

  right, in relation to reserve lands in Quebec, means any right of any nature in or to the lands, including any right to occupy, possess or use the lands and any right of a lessee, but does not include title to the lands that is held by her Majesty. (droit)

  secured revenues trust account

  secured revenues trust account means an account established by the First Nations Finance Authority and a First Nation in which other revenues to be used for financing under this Act are maintained. (compte de recettes en fiducie garanti)

  third-party management

  third-party management[Repealed, 2023, c. 16, s. 3]

• Marginal note:Indian Act definitions

  (2) Unless the context otherwise requires, words and expressions used in this Act and not otherwise defined have the same meaning as in the Indian Act.

• Marginal note:Extended meaning of “borrowing member”

  (2.1) For the purpose of sections 57, 59, 74, 77, 78, 83 and 84 and paragraph 89(c), borrowing member also means an Indigenous group, other than a band named in the schedule, or an organization referred to in paragraph 50.1(1)(e) that has been accepted as a borrowing member under a regulation made under section 141 or 141.1.

• Marginal note:Extended meaning of “borrowing member” — section 61

  (2.2) For the purpose of section 61, borrowing member also means an Indigenous group, other than a band named in the schedule, that has been accepted as a borrowing member under a regulation made under section 141.

• Marginal note:Amendments to schedule

  (3) At the request of the council of a band, the Minister may, by order, amend the schedule in order to

  • (a) add or change the name of the band; or

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

• Marginal note:Regulations

  (3.1) The Governor in Council may make regulations prescribing anything that is to be prescribed under paragraph (k) of the definition other revenues.

• Marginal note:For greater certainty

  (4) For greater certainty, nothing in this Act shall be construed as requiring capital assets for the provision of local services on reserve lands to be located on reserve lands.