First Nations Fiscal Management Act Adaptation Regulations — 7
Adaptation 7 The heading before section 1 and sections 1 to 23 of the Revenue Management Implementation Regulations are adapted as follows: Interpretation Definitions 1 (1) The following definitions apply in these Regulations. Act means the First Nations Fiscal Management Act . ( Loi ) 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 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 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 means a person appointed under subsection 2(1). ( administrateur ) 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 includes a computer file, computer database, photographic or graphical representation, sound recording, film and videotape. ( document ) tax administrator means the person responsible for the administration of a First Nation’s property taxation laws. ( administrateur fiscal ) 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 ) 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 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. Qualification (2) A member of the board of directors of the Board shall not be appointed as a manager. 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 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. Request for information — Indigenous group 4.1 A request for informatio