First Nations Fiscal Management Act Adaptation Regulations (SOR/2025-207)
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Regulations are current to 2026-03-17
PART 3Adaptations to Regulations
DIVISION 1Adaptation to the Debt Reserve Fund Replenishment Regulations
Marginal note:Adaptation
6 The heading before section 1 and sections 1 to 4 of the Debt Reserve Fund Replenishment Regulations are adapted as follows:
Interpretation
The following provision is not in force.Marginal note:Definitions
1 The following definitions apply in these Regulations.
- Act
Act means the First Nations Fiscal Management Act. (Loi)
- defaulting member
defaulting member means a borrowing member whose failure to make a payment payable under a borrowing agreement with the Authority has led to a reduction in the debt reserve fund. (membre en défaut)
Replenishment of Fund
The following provision is not in force.Marginal note:Debt reserve fund balance
1.1 For the purposes of paragraphs 84(5)(a) and (b) of the Act, the amount is equal to the balance of the debt reserve fund immediately before the first of the payments from that fund were made, not taking into account any payments that previously led the Authority to require replenishment of the fund under those paragraphs.
The following provision is not in force.Marginal note:Notice
2 (1) At least 90 days before the day on which a payment is to be made to replenish the debt reserve fund, the Authority must send to the council of every borrowing member that is a First Nation with an unpaid loan, and to every borrowing member that is an Indigenous group with an unpaid loan, a notice setting out the amount of the shortfall in the debt reserve fund and the amount required to be paid by that borrowing member as determined under section 3.
Marginal note:Content of notice
(2) The notice must identify all defaulting members and the amount of the shortfall attributable to each of them.
The following provision is not in force.Marginal note:Amount to pay
3 The amount to be paid under subsection 2(1) is
(a) in the case of a defaulting member, an amount that is determined by the Authority that must not exceed the amount of the shortfall attributable to that defaulting member; and
(b) in the case of any other borrowing member with an unpaid loan, the amount determined by the formula
[A ÷ (B – C)] × (D – E)
where
- A
- is the aggregate amount of the borrowing member’s unpaid loans,
- B
- is the aggregate amount of all borrowing members’ unpaid loans,
- C
- is the aggregate amount of all defaulting members’ unpaid loans,
- D
- is the amount of the shortfall in the debt reserve fund, and
- E
- is the aggregate of the amounts payable by the defaulting members under paragraph (a).
The following provision is not in force.Marginal note:Liability
4 For greater certainty, despite the payment of an amount under paragraph 3(a), a defaulting member remains liable for the payment to the Authority of all amounts required to be paid under a borrowing agreement with the Authority.
DIVISION 2Adaptation to the Revenue Management Implementation Regulations
Marginal note:Adaptation
7 The heading before section 1 and sections 1 to 23 of the Revenue Management Implementation Regulations are adapted as follows:
Interpretation
The following provision is not in force.Marginal note:Definitions
1 (1) The following definitions apply in these Regulations.
- Act
Act means the First Nations Fiscal Management Act. (Loi)
- financial institution
financial institution means the First Nations Finance Authority or any person — including a bank, credit union or caisse populaire — or trustee with which local revenues or other revenues are deposited or by or through which local revenues or other revenues are invested. (institution financière)
- law-making delegate
law-making delegate means
(a) in relation to a First Nation, a person or body to which the council of the First Nation has, under paragraph 5(1)(f), 8.1(1)(b) or 9(1)(b) of the Act, delegated any of the council’s powers to make laws; and
(b) in relation to an Indigenous group, a person or body, other than the Board, to which a governing body of the Indigenous group has delegated any of the governing body’s powers to make laws. (délégataire)
- local services capital assets
local services capital assets means capital assets that are, or are intended to be, used wholly or in part for the delivery on reserve lands of programs and services that are paid for wholly or in part out of local revenues. (immobilisations destinées à la prestation de services locaux)
- manager
manager means a person appointed under subsection 2(1). (administrateur)
- other revenues capital assets
other revenues capital assets means capital assets that are, or are intended to be,
(a) used for generating other revenues; or
(b) used wholly or in part for the delivery of programs and services that are paid for wholly or in part out of other revenues. (immobilisations des autres recettes)
- record
record includes a computer file, computer database, photographic or graphical representation, sound recording, film and videotape. (document)
- tax administrator
tax administrator means the person responsible for the administration of a First Nation’s property taxation laws. (administrateur fiscal)
- third-party local services agreement
third-party local services agreement means an agreement, lease, instrument or act granting a right-of-way or easement or real servitude, permit or other instrument or act to which a First Nation or His Majesty in right of Canada is a party
(a) that provides, wholly or in part, for the delivery of programs or services; and
(b) under which payments may be made from local revenues. (accord de services locaux)
Marginal note:Indian Act definitions
(2) Unless the context otherwise requires, words and expressions used in these Regulations and not defined in them or in the Act have the same meaning as in the Indian Act.
Manager
The following provision is not in force.Marginal note:Appointment
2 (1) Subject to subsection (2) and section 3, if the Board requires a First Nation or Indigenous group to enter into a co-management arrangement or assumes third-party management and appoints a person who is not an employee of the Board to act as an agent or mandatary of the Board for the purposes of the co-management arrangement or third-party management, the scope of the authority of the person shall be set out in writing and a copy provided to the council of the First Nation or to the Indigenous group without delay.
Marginal note:Qualification
(2) A member of the board of directors of the Board shall not be appointed as a manager.
The following provision is not in force.Marginal note:Limitation on authority
3 A manager shall not
(a) give an order under paragraph 52(2)(e), 52.1(2)(e) or 52.2(2)(e) of the Act;
(b) act in the place of the council of the First Nation under paragraph 53(2)(a) or 53.1(2)(a) of the Act or act in the place of a governing body of the Indigenous group under paragraph 53.2(2)(a) of the Act; or
(c) assign interests or rights under paragraph 53(2)(c) of the Act.
Accessing Information
The following provision is not in force.Marginal note:Request for information — First Nation
4 A request for information referred to in section 54 of the Act may be made orally or in writing, by the Board or a manager, to the council of the First Nation or to any of its councillors, employees or law-making delegates.
The following provision is not in force.Marginal note:Request for information — Indigenous group
4.1 A request for information referred to in section 54.1 of the Act may be made orally or in writing, by the Board or a manager, to the Indigenous group, to any member of a governing body of the Indigenous group or to any employee or law-making delegate of the Indigenous group.
Access to Records and Documents
The following provision is not in force.Marginal note:Records and documents — local revenues
5 (1) At any time after receipt of a notice under subsection 52(1) or 53(1) of the Act and while a co-management arrangement in respect of the First Nation’s local revenues or third-party management of its local revenues is in effect, the First Nation shall, without delay, on receipt of an oral or written request, give the Board or a manager access to, and copies — or the opportunity to make copies — of, all records and documents respecting the First Nation’s local revenue laws and their administration, including records and documents relating to
(a) communications between the First Nation and the First Nations Tax Commission, the First Nations Finance Authority or the Minister;
(b) assessments for the calculation of local revenues;
(c) the levying of taxes or the charging of fees under local revenue laws and the collection of local revenues;
(d) budgets for the expenditure of local revenues;
(e) reserve lands, or interests or rights in reserve lands, that are subject to local revenue laws;
(f) the First Nation’s local revenue account and all expenditures of local revenues including the audited financial reports or the audited annual financial statements, as the case may be, referred to in subsection 14(1.1) of the Act;
(g) any deposit, loan or investment, or any other agreement with a financial institution, relating to local revenues;
(h) representations made under paragraph 6(3)(c) of the Act;
(i) the enforcement of local revenue laws;
(j) agreements and communications between the First Nation and the First Nations Finance Authority, including those related to the borrowing of money from the Authority;
(k) agreements and communications between the First Nation and any law-making delegate relating to the delegation of law-making powers;
(l) requests made, or reviews carried out, under section 33 of the Act, including any agreements and communications with the First Nations Tax Commission in respect of the request or review;
(m) programs and services that are paid for wholly or in part out of local revenues;
(n) third-party local services agreements;
(o) local services capital assets;
(p) any other agreements, obligations, commitments or other arrangements under which the First Nation is or may become obligated to expend local revenues or is or may become entitled to receive local revenues;
(q) council meetings, membership meetings or taxpayers meetings at which local revenue laws are discussed;
(r) employment contracts of persons involved in the making or administration of any local revenue law or the management of local revenues; and
(s) drafts of records or documents referred to in any of paragraphs (a) to (r).
Marginal note:Copies
(2) A First Nation shall, without delay, on receipt of any records or documents referred to in subsection (1) that are produced or obtained while a co-management arrangement or third-party management is in effect, provide a copy of the records or documents to the Board or a manager.
The following provision is not in force.Marginal note:Records and documents — other revenues of a First Nation
5.1 (1) At any time after receipt of a notice under subsection 52.1(1) or 53.1(1) of the Act and while a co-management arrangement in respect of the First Nation’s other revenues or third-party management of its other revenues is in effect, the First Nation shall, without delay, on receipt of an oral or written request, give the Board or a manager access to, and copies — or the opportunity to make copies — of, all records and documents respecting the laws of the First Nation made under section 8.1 of the Act and their administration, including records and documents relating to
(a) communications between the First Nation and the First Nations Finance Authority or the Minister;
(b) budgets for the expenditure of other revenues;
(c) reserve lands, or interests or rights in reserve lands, that are subject to laws made under section 8.1 of the Act;
(d) the First Nation’s other revenues and all expenditures of other revenues and, if applicable, the accounting information required under section 14.1 of the Act;
(e) any deposit, loan or investment, or any other agreement with a financial institution, relating to other revenues or any secured revenues trust account;
(f) the enforcement of the laws made under section 8.1 of the Act;
(g) agreements and communications between the First Nation and the First Nations Finance Authority, including those related to the borrowing of money from the Authority;
(h) agreements and communications between the First Nation and any law-making delegate relating to the delegation of law-making powers;
(i) programs and services that are paid for wholly or in part out of other revenues;
(j) other revenues capital assets;
(k) any other agreements, obligations, commitments or other arrangements under which the First Nation is or may become obligated to expend other revenues or is or may become entitled to receive other revenues;
(l) council meetings or membership meetings at which the laws made under section 8.1 of the Act are discussed;
(m) employment contracts of persons involved in the making or administration of any law made under section 8.1 of the Act or the management of other revenues; and
(n) drafts of records or documents referred to in any of paragraphs (a) to (m).
Marginal note:Copies
(2) A First Nation shall, without delay, on receipt of any records or documents referred to in subsection (1) that are produced or obtained while a co-management arrangement or third-party management is in effect, provide a copy of the records or documents to the Board or a manager.
The following provision is not in force.Marginal note:Records and documents — other revenues of an Indigenous group
5.2 (1) At any time after receipt of a notice under subsection 52.2(1) or 53.2(1) of the Act and while a co-management arrangement in respect of the Indigenous group’s other revenues or third-party management of its other revenues is in effect, the Indigenous group shall, without delay, on receipt of an oral or written request, give the Board or a manager access to, and copies — or the opportunity to make copies — of, all records and documents respecting the Indigenous group’s laws respecting other revenues and the administration of those laws, including records and documents relating to
(a) budgets for the expenditure of other revenues;
(b) lands of the Indigenous group that are generating other revenues;
(c) the Indigenous group’s other revenues and all expenditures of other revenues and, if applicable, the accounting information required under section 15.3 of the Act;
(d) any deposit, loan or investment, or any other agreement with a financial institution, relating to other revenues or any secured revenues trust account;
(e) the enforcement of laws respecting other revenues;
(f) agreements and communications between the Indigenous group and the First Nations Finance Authority, including those related to the borrowing of money from the Authority;
(g) agreements and communications between the Indigenous group and any law-making delegate relating to the delegation of law-making powers;
(h) programs and services that are paid for wholly or in part out of other revenues;
(i) other revenues capital assets;
(j) any other agreements, obligations, commitments or other arrangements under which the Indigenous group is or may become obligated to expend other revenues or is or may become entitled to receive other revenues;
(k) meetings of a governing body of the Indigenous group, or meetings of the Indigenous group’s members, at which laws respecting other revenues are discussed;
(l) employment contracts of persons involved in the making or administration of any law respecting other revenues or the management of other revenues; and
(m) drafts of records or documents referred to in any of paragraphs (a) to (l).
Marginal note:Copies
(2) An Indigenous group shall, without delay, on receipt of any records or documents referred to in subsection (1) that are produced or obtained while a co-management arrangement or third-party management is in effect, provide a copy of the records or documents to the Board or a manager.
The following provision is not in force.Marginal note:Request for copies — local revenues
6 (1) At any time after the Board gives a notice under subsection 52(1) or 53(1) of the Act and while a co-management arrangement in respect of the First Nation’s local revenues or third-party management of its local revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5 from any person who possesses or has control over them, including
(a) the First Nations Tax Commission;
(b) the First Nations Finance Authority;
(c) a financial institution;
(d) a law-making delegate;
(e) any party to a third-party local services agreement;
(f) any person who manages or controls local services capital assets;
(g) the First Nation’s auditor; and
(h) the person in charge of
(i) the Reserve Land Register, the Surrendered and Designated Lands Register, the First Nation Lands Register, as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act, or any register maintained by or for the First Nation in which reserve lands, or interests or rights in reserve lands, are recorded, or
(ii) any provincial land registry in which reserve lands, or interests or rights in reserve lands, are recorded.
Marginal note:Assistance
(2) The First Nation shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).
The following provision is not in force.Marginal note:Request for copies — other revenues of a First Nation
6.1 (1) At any time after the Board gives a notice under subsection 52.1(1) or 53.1(1) of the Act and while a co-management arrangement in respect of the First Nation’s other revenues or third-party management of its other revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5.1 from any person who possesses or has control over them, including
(a) the First Nations Finance Authority;
(b) a financial institution;
(c) a law-making delegate;
(d) any person who manages or controls other revenues capital assets;
(e) the First Nation’s auditor; and
(f) the person in charge of
(i) the Reserve Land Register, the Surrendered and Designated Lands Register, the First Nation Lands Register, as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act, or any register maintained by or for the First Nation in which reserve lands, or interests or rights in reserve lands, are recorded, or
(ii) any provincial land registry in which reserve lands, or interests or rights in reserve lands, are recorded.
Marginal note:Assistance
(2) The First Nation shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).
The following provision is not in force.Marginal note:Request for copies — other revenues of an Indigenous group
6.2 (1) At any time after the Board gives a notice under subsection 52.2(1) or 53.2(1) of the Act and while a co-management arrangement in respect of the Indigenous group’s other revenues or third-party management of its other revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5.2 from any person who possesses or has control over them, including
(a) the First Nations Finance Authority;
(b) a financial institution;
(c) a law-making delegate;
(d) any person who manages or controls other revenues capital assets;
(e) the Indigenous group’s auditor; and
(f) the person in charge of any land registry in which the Indigenous group’s lands are recorded.
Marginal note:Assistance
(2) The Indigenous group shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).
The following provision is not in force.Marginal note:Explanations — First Nation
7 (1) If a First Nation is required to provide records or documents under section 5 or 5.1, a councillor, employee, law-making delegate or representative of the First Nation shall, at the request of the Board or a manager, made orally or in writing, provide an explanation of the records or documents.
Marginal note:Requirement to obtain information
(2) If a councillor, employee, law-making delegate or representative of the First Nation is not able to provide the requested explanation, they shall, without delay, make every effort to obtain any information, records or documents that are necessary to provide the explanation.
The following provision is not in force.Marginal note:Explanations — Indigenous group
7.1 (1) If an Indigenous group is required to provide records or documents under section 5.2, a member of a governing body of the Indigenous group or an employee, law-making delegate or representative of the Indigenous group shall, at the request of the Board or a manager, made orally or in writing, provide an explanation of the records or documents.
Marginal note:Requirement to obtain information
(2) If a member of a governing body of the Indigenous group or an employee, law-making delegate or representative of the Indigenous group is not able to provide the requested explanation, they shall, without delay, make every effort to obtain any information, records or documents that are necessary to provide the explanation.
The following provision is not in force.Marginal note:Maintenance and return of records or documents
8 When the Board or a manager obtains records or documents from a First Nation or Indigenous group, or creates records or documents on behalf of a First Nation or Indigenous group, while a co-management arrangement or third-party management is in effect, the Board or the manager
(a) shall maintain care and control over them until they are returned to the First Nation or Indigenous group;
(b) may make and retain copies of them; and
(c) subject to paragraph (b), shall return them to the First Nation or Indigenous group, without delay, on termination of the co-management arrangement or third-party management.
The following provision is not in force.Marginal note:First Nation access to records or documents
9 On receipt of a written request from the council of the First Nation, the Board or a manager shall allow a representative of the council to inspect and copy records or documents referred to in section 8, on any terms and conditions that will ensure the security and safekeeping of the records or documents.
The following provision is not in force.Marginal note:Indigenous group access to records or documents
9.1 On receipt of a written request from the Indigenous group, the Board or a manager shall allow a representative of a governing body of the Indigenous group to inspect and copy records or documents referred to in section 8, on any terms and conditions that will ensure the security and safekeeping of the records or documents.
Co-Management
The following provision is not in force.Marginal note:Copy of order
10 (1) If an order is made under paragraph 52(2)(e), 52.1(2)(e) or 52.2(2)(e) of the Act requiring that cheques be co-signed by a manager, the Board or the manager shall provide a copy of the order to each financial institution with which the First Nation or Indigenous group has any ongoing financial arrangements.
Marginal note:Revocation of order
(2) If an order referred to in subsection (1) is revoked by the Board, the Board or a manager shall provide a copy of the revocation to each financial institution referred to in that subsection.
Third-Party Management
The following provision is not in force.Marginal note:Notice to financial institutions
11 (1) If the Board assumes third-party management, the Board or a manager shall provide, to each financial institution with which the First Nation or Indigenous group has any ongoing financial arrangements, a copy of the notice of assumption of third-party management given by the Board to the council of the First Nation or to the Indigenous group.
Marginal note:Signatories
(2) The Board or a manager may, by written notice to a financial institution, authorize one or more individuals to act as signatory for a manager for the purposes of subsection (1) and establish the number of signatories required for any purpose.
Marginal note:Notice of termination of third-party management
(3) If third-party management is terminated by the Board, the Board or a manager shall provide a copy of the notice of termination to each financial institution referred to in subsection (1).
The following provision is not in force.Marginal note:Application of Act and regulations to Board
12 For greater certainty, nothing in these Regulations exempts the Board, while acting in the place of the council of a First Nation under paragraph 53(2)(a) or (b) or 53.1(2)(a) or (b) of the Act or in the place of a governing body of an Indigenous group under paragraph 53.2(2)(a) or (b) of the Act, from complying with any of the requirements applicable to the council of the First Nation or to the Indigenous group under the Act and any regulations made under it.
The following provision is not in force.Marginal note:Notice of law-making
12.1 (1) Before making a law under paragraph 53.2(2)(a) of the Act in relation to an Indigenous group named in Schedule 2 to the First Nations Fiscal Management Act Adaptation Regulations, the Board shall give 30 days’ written notice to the Indigenous group, the First Nations Finance Authority and the First Nations Tax Commission, accompanied by a copy of the proposed law, an indication of the timing of the making of the law and the reasons that the Board intends to make the law.
Marginal note:Exception
(2) Subsection (1) does not apply if the Board is of the opinion that giving the notice would obstruct its ability to take timely and necessary actions to remedy the situation for which third-party management was required.
Marginal note:Written representations
(3) Within 15 days after the day on which the notice is received or any longer period permitted by the Board, the Indigenous group may make written representations to the Board regarding the proposed law and its timing.
Marginal note:Conditions for law-making
(4) Before making the law, the Board shall
(a) consider any representations made by the Indigenous group;
(b) ensure that the requirements of this section are met; and
(c) in the case of a law respecting financial administration, ensure that the law complies, in all material respects, with the standards established under paragraph 55(1)(a.1) of the Act.
Marginal note:Meeting of board of directors
(5) The making of the law shall take place at a meeting of the board of directors of the Board, held in accordance with the board of directors’ rules.
Marginal note:Making of law
(6) The making of the law shall be effected by the passing of a resolution.
Marginal note:Copy to Indigenous group
(7) No later than 15 days after the day on which the law is made, the Board shall provide the Indigenous group with a certified copy of the resolution and a copy of the law.
Certification Powers of the Board
The following provision is not in force.Marginal note:Scope of implementation
13 The implementation of a co-management arrangement or third-party management in respect of a First Nation or Indigenous group does not preclude the Board from
(a) approving a financial administration law in respect of the First Nation made by its council under subsection 9(1) of the Act or made by the Board acting in the place of the council under paragraph 53(2)(a) or 53.1(2)(a) of the Act;
(a.1) performing a review under subsection 15.1(6) of the Act; or
(b) issuing a certificate to the First Nation or Indigenous group under subsection 50(3) of the Act or revoking it under subsection 50(4) of the Act.
Communications
The following provision is not in force.Marginal note:Sharing of information
14 The Board or a manager may disclose any records, documents and other information, including records, documents and information obtained under these Regulations, that the Board or manager considers necessary to carry out co-management or third-party management effectively or to fulfil the objectives set out in section 15.
The following provision is not in force.Marginal note:Cooperative management — local revenues
15 (1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its local revenues or has assumed third-party management of its local revenues, the Board shall work cooperatively with the council of the First Nation, the tax administrator and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its local revenues.
Marginal note:Cooperative management — other revenues of a First Nation
(1.1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its other revenues or has assumed third-party management of its other revenues, the Board shall work cooperatively with the council of the First Nation and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its other revenues.
Marginal note:Cooperative management — other revenues of an Indigenous group
(1.2) If the Board has required an Indigenous group to enter into a co-management arrangement in respect of its other revenues or has assumed third-party management of its other revenues, the Board shall work cooperatively with any governing body of the Indigenous group and any employee of the Indigenous group designated by the governing body to enable the Indigenous group to resume full responsibility for the management, control and administration of its other revenues.
Marginal note:Interpretation
(2) Subsections (1) to (1.2) do not limit or otherwise affect the powers and discretion of the Board in respect of the implementation of a co-management arrangement or of third-party management.
Remedial Management Plan and Reports
The following provision is not in force.Marginal note:Remedial management plan — local revenues
16 (1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues or assuming third-party management of its local revenues, the Board or a manager shall review the available information relating to the First Nation’s local revenues and to its local revenue laws and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.
Marginal note:Remedial management plan — other revenues of a First Nation
(1.1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues or assuming third-party management of its other revenues, the Board or a manager shall review the available information relating to the First Nation’s other revenues and to its laws made under section 8.1 of the Act and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.
Marginal note:Remedial management plan — other revenues of an Indigenous group
(1.2) Within 60 days after requiring an Indigenous group to enter into a co-management arrangement in respect of the Indigenous group’s other revenues or assuming third-party management of its other revenues, the Board or a manager shall review the available information relating to the Indigenous group’s other revenues and to its laws respecting other revenues and provide the Indigenous group with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.
Marginal note:Content of plan
(2) A remedial management plan may include a debt reduction plan, a budget or an expenditure plan.
Marginal note:Continuing need
(3) A remedial management plan shall indicate whether the Board is of the opinion that there is a continuing need for a co-management arrangement or third-party management.
The following provision is not in force.Marginal note:Report
17 The Board shall provide a written report of the results of each review required under subsection 53(5), 53.1(7) or 53.2(7) of the Act.
The following provision is not in force.Marginal note:Final report — First Nation
18 (1) Within six months after the termination of third-party management of a First Nation’s local revenues or other revenues, the Board or a manager shall provide the council of the First Nation with a written report that includes
(a) a summary of any third-party management activities not previously reported on;
(b) a summary or copy of all laws made by the Board acting in the place of the council of the First Nation under paragraph 53(2)(a) or 53.1(2)(a) of the Act;
(c) a summary or copy of all agreements entered into or terminated by the Board in the course of implementing third-party management;
(d) in the case of third-party management of the First Nation’s local revenues, a copy of the most recent audited financial report or the audited annual financial statements, as the case may be, that were made available to the Board under subsection 14(2) of the Act, and a statement of the revenues deposited to, and any expenditures from, the local revenue account, from the last day covered by the financial report or financial statements, as the case may be, to the most recent date possible;
(d.1) in the case of third-party management of the First Nation’s other revenues, a copy of the most recent accounting information that was provided to the Board under section 14.1 of the Act, if applicable, and a statement of any deposits and expenditures of other revenues, from the last day covered by the accounting information to the most recent date possible; and
(e) an update to the remedial management plan.
Marginal note:Final report — Indigenous group
(1.1) Within six months after the termination of third-party management of an Indigenous group’s other revenues, the Board or a manager shall provide the Indigenous group with a written report that includes
(a) a summary of any third-party management activities not previously reported on;
(b) a summary or copy of all laws made by the Board acting in the place of a governing body of the Indigenous group under paragraph 53.2(2)(a) of the Act;
(c) a summary or copy of all agreements entered into or terminated by the Board in the course of implementing third-party management;
(d) a copy of the most recent accounting information that was provided to the Board under section 15.3 of the Act, if applicable, and a statement of any deposits and expenditures of other revenues, from the last day covered by the accounting information to the most recent date possible; and
(e) an update to the remedial management plan.
Marginal note:Report
(2) Within six months after the termination of co-management without assuming third-party management, the Board or a manager shall provide the council of the First Nation, or the Indigenous group, with a written report that includes
(a) a summary of any co-management activities not previously reported on; and
(b) an update to the remedial management plan.
The following provision is not in force.Marginal note:Meeting to review reports
19 (1) Within 45 days after delivery to the council of the First Nation, or to the Indigenous group, of the remedial management plan provided under section 16 or a report provided under section 18, the council of the First Nation, or the Indigenous group, may deliver a written request to the Board or a manager to meet to review the plan or report.
Marginal note:Time limit for meeting
(2) Within 30 days after the date of the acknowledgement of receipt of the request, the Board or a manager shall meet with the council of the First Nation, or a representative of the Indigenous group, to review the plan or report and respond to questions about it.
Fees for Management Services
The following provision is not in force.Marginal note:Records of fees and disbursements
20 (1) The Board shall maintain records of disbursements made and of fees paid or payable by the Board to a manager and other persons in the course of implementing a co-management arrangement or third-party management.
Marginal note:Invoices
(2) The Board shall invoice the First Nation or Indigenous group, not more than once each month, for the amount of fees and disbursements that have been invoiced to the Board since the date of the last invoice rendered to the First Nation or Indigenous group under this subsection, plus 10% of that amount.
Marginal note:Final invoice
(3) After termination of a co-management arrangement or third-party management, the Board shall send a final invoice to the First Nation or Indigenous group within nine months after the date on which the notice of termination is given under subsection 52(3), 52.1(3), 52.2(3), 53(6), 53.1(8) or 53.2(8) of the Act, as the case may be.
Marginal note:Form of invoices
(4) Each invoice sent to the First Nation or Indigenous group shall set out the nature and amounts of the fees and disbursements and shall include a copy of any invoices received by the Board from a manager or the other persons referred to in subsection (1).
Marginal note:Debt
(5) The First Nation or Indigenous group shall pay to the Board the amounts that have been invoiced under this section within 30 days after the day on which each invoice is received or within any longer period that is agreed to by the Board and the First Nation or Indigenous group.
The following provision is not in force.Marginal note:Funding of required interventions
20.1 (1) If the following conditions are met, the Board shall give notice, in writing, to the First Nations Finance Authority, the First Nations Tax Commission and the Minister of the Board’s intention to send the Authority any invoices referred to in section 20 that have not been paid by the First Nation or Indigenous group before or on the day on which they are due:
(a) the Board incurred the fees and disbursements set out in the invoices in the course of implementing a co-management arrangement or third-party management that was required by a notice referred to in subsection 86(4) or (5) of the Act;
(b) the Board is of the opinion that the First Nation or Indigenous group does not have funds available to pay the invoices and that, if it were required to do so, it would go further into debt without any reasonable ability to discharge its debts; and
(c) the Board does not have funds available to pay the invoices.
Marginal note:Invoices to Authority
(2) The Board may send the First Nations Finance Authority the invoices referred to in subsection (1) no earlier than 30 days after the day on which the notice is given to the Authority.
Marginal note:Payment of invoices
(3) Unless the First Nations Finance Authority receives a notice under subsection (4), it shall pay to the Board the amounts invoiced within 30 days after the day on which the invoices are received.
Marginal note:Change of circumstances
(4) If a condition set out in paragraph (1)(b) or (c) ceases to be met after the notice referred to in subsection (1) is given, the Board shall give notice of that fact in writing to the First Nations Finance Authority, the First Nations Tax Commission and the Minister.
Notices and Orders
The following provision is not in force.Marginal note:Written notices
21 (1) The following notices and orders given by the Board shall be in writing:
(a) a notice given to the council of a First Nation under subsection 52(1) or (3) or 52.1(1) or (3) of the Act or to an Indigenous group under subsection 52.2(1) or (3) of the Act;
(b) an order made under paragraph 52(2)(e), 52.1(2)(e) or 52.2(2)(e) of the Act and any revocation of the order;
(c) a notice given to the First Nations Finance Authority and the First Nations Tax Commission under subsection 52(5), 52.1(5) or 52.2(5) of the Act;
(d) a notice given to the council of a First Nation under subsection 53(1) or (6) or 53.1(1) or (8) of the Act or to an Indigenous group under subsection 53.2(1) or (8) of the Act;
(e) a notice given to the Minister under subsection 53(1) or 53.1(1) of the Act; and
(f) a notice given to the First Nations Finance Authority and the First Nations Tax Commission under subsection 53(8), 53.1(10) or 53.2(10) of the Act.
Marginal note:Copy to Authority and Commission
(1.1) The Board shall provide the First Nations Finance Authority and the First Nations Tax Commission with a copy of a notice given to the council of a First Nation under subsection 52(1) or (3), 52.1(1) or (3), 53(1) or (6) or 53.1(1) or (8) of the Act or to an Indigenous group under subsection 52.2(1) or (3) or 53.2(1) or (8) of the Act.
Marginal note:Copy to the Minister
(2) The Board shall provide the Minister with a copy of a notice given to the council of a First Nation under subsection 53(6) or 53.1(8) of the Act.
Delivery of Records or Documents
The following provision is not in force.Marginal note:Methods of delivery
23 (1) Records, notices, reports, copies, orders, invoices, requests or any other documents referred to in these Regulations may be delivered personally, or by courier, registered mail, fax or e-mail.
Marginal note:Personal delivery
(2) A record, notice, report, copy, order, invoice, request or any other document referred to in these Regulations may be delivered personally
(a) to the Board or a manager, by leaving it with
(i) an employee of the Board or a member of the board of directors of the Board, at the office of the Board at 100 Park Royal South, Suite 300, West Vancouver, British Columbia, V7T 1A2,
(ii) an employee of the Board in any other location, if the employee is acting in the course of their duties, or
(iii) the manager, if the manager is acting in the course of their duties;
(b) to a First Nation or its council, by leaving it with the person apparently in charge, at the time of delivery, of the administrative office of the First Nation, or with the First Nation’s legal counsel;
(b.1) to an Indigenous group, by leaving it with the person apparently in charge, at the time of delivery, of the administrative office of the Indigenous group, or with the Indigenous group’s legal counsel; and
(c) to a financial institution, by leaving it with the person apparently in charge, at the time of delivery, of its head office or of a branch office of the institution, with an officer or director of the institution or with the institution’s legal counsel.
Marginal note:Time of delivery
(3) A record, notice, report, copy, order, invoice, request or any other document referred to in these Regulations shall be considered to have been delivered
(a) if delivered personally, at the time that personal delivery is made;
(b) if sent by registered mail or by courier, at the time that the acknowledgement of its receipt is signed;
(c) if sent by fax, on the day indicated on the confirmation of transmission; and
(d) if sent by e-mail, at the time indicated in the electronic confirmation that the e-mail has been delivered to the recipient’s e-mail address.
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