GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Financial Transparency Act — F-11.66 2
Definitions 2 The following definitions apply in this Act. consolidated financial statements means the financial statements of a First Nation — prepared in accordance with generally accepted accounting principles — in which the assets, liabilities, equity, income, expenses and cash flows of the First Nation and of those entities that are required by those principles to be included are presented as those of a single economic entity, as if the First Nation were a government reporting on its financial information. ( états financiers consolidés ) council has the same meaning as council of the band in subsection 2(1) of the Indian Act . ( conseil ) entity means a corporation or a partnership, a joint venture or any other unincorporated association or organization. ( entité ) expenses includes the costs of transportation, accommodation, meals, hospitality and incidental expenses. ( dépenses ) First Nation means a band, as defined in subsection 2(1) of the Indian Act , but does not include a band that is party to a comprehensive self-government agreement given effect by an Act of Parliament. ( première nation ) member has the same meaning as member of a band in subsection 2(1) of the Indian Act . ( membre ) Minister means the Minister of Indigenous Services. ( ministre ) remuneration means any salaries, wages, commissions, bonuses, fees, honoraria and dividends and any other monetary benefits — other than the reimbursement of expenses — and non-monetary benefits. ( rémunération ) 2013, c. 7, s. 2 2019, c. 29, s. 368
First Nations Financial Transparency Act — F-11.66
consolidated financial statements means the financial statements of a First Nation — prepared in accordance with generally accepted accounting principles — in which the assets, liabilities, equity, income, expenses and cash flows of the First Nation and of those entities that are required by those principles to be included are presented as those of a single economic entity, as if the First Nation were a government reporting on its financial information. ( états financiers consolidés )
First Nations Financial Transparency Act — F-11.66
council has the same meaning as council of the band in subsection 2(1) of the Indian Act . ( conseil )
First Nations Financial Transparency Act — F-11.66
entity means a corporation or a partnership, a joint venture or any other unincorporated association or organization. ( entité )
First Nations Financial Transparency Act — F-11.66
expenses includes the costs of transportation, accommodation, meals, hospitality and incidental expenses. ( dépenses )
First Nations Financial Transparency Act — F-11.66
First Nation means a band, as defined in subsection 2(1) of the Indian Act , but does not include a band that is party to a comprehensive self-government agreement given effect by an Act of Parliament. ( première nation )
First Nations Financial Transparency Act — F-11.66
member has the same meaning as member of a band in subsection 2(1) of the Indian Act . ( membre )
First Nations Financial Transparency Act — F-11.66
Minister means the Minister of Indigenous Services. ( ministre )
First Nations Financial Transparency Act — F-11.66
remuneration means any salaries, wages, commissions, bonuses, fees, honoraria and dividends and any other monetary benefits — other than the reimbursement of expenses — and non-monetary benefits. ( rémunération )
First Nations Financial Transparency Act — F-11.66 3
Purpose of Act 3 The purpose of this Act is to enhance the financial accountability and transparency of First Nations by requiring the preparation and public disclosure of their audited consolidated financial statements and of the schedules of remuneration paid and expenses reimbursed to a First Nation’s chief and each of its councillors — acting in their capacity as such and in any other capacity, including their personal capacity — by the First Nation and by any entity that, in accordance with generally accepted accounting principles, is required to be consolidated with the First Nation.
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Application 4 This Act applies in respect of every First Nation’s financial year that begins after the day on which this Act comes into force.
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Accounts and consolidated financial statements 5 (1) A First Nation must maintain its accounts and prepare its consolidated financial statements annually in accordance with generally accepted accounting principles, the primary sources of which are the handbooks — including the handbook respecting public sector accounting — of the Canadian Institute of Chartered Accountants, or its successor, as they are amended from time to time. Audit (2) A First Nation’s consolidated financial statements must be audited, in accordance with the generally accepted auditing standards of the Canadian Institute of Chartered Accountants, or its successor, by an independent auditor who is a member in good standing of a corporation, institute or association of accountants incorporated under an Act of the legislature of a province.
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Schedule 6 (1) A First Nation must annually prepare a document entitled “Schedule of Remuneration and Expenses” that sets out, separately, the remuneration paid and the expenses reimbursed to its chief and each of its councillors — acting in their capacity as such and in any other capacity, including their personal capacity — by the First Nation and by any entity that, in accordance with generally accepted accounting principles, is required to be consolidated with the First Nation. Distinct document (2) The schedule does not form part of the consolidated financial statements. Report (3) An auditor’s report or a review engagement report, as the case may be, prepared by the auditor referred to in subsection 5 (2), must accompany the schedule.
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Copies — members 7 (1) A First Nation must, on the request of any of its members, provide the member with copies of any of the following documents: (a) its audited consolidated financial statements; (b) the Schedule of Remuneration and Expenses; (c) the auditor’s written report respecting the consolidated financial statements; and (d) the auditor’s report or the review engagement report, as the case may be, respecting the Schedule of Remuneration and Expenses. Time limit (2) The First Nation must provide the copies without delay, but has until 120 days after the end of the financial year in question to provide them if the request is received within those 120 days. Fee (3) A First Nation may charge a fee for providing the copies, but the fee must not exceed the cost of the service.
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Internet site — First Nation 8 (1) A First Nation must publish the documents referred to in paragraphs 7 (1)(a) to (d) on its Internet site, or cause those documents to be published on an Internet site, within 120 days after the end of each financial year. Documents archived (2) The documents referred to in subsection (1) must remain accessible to the public, on an Internet site, for at least 10 years. Discharging duty (3) Publishing any document on an Internet site is insufficient to discharge the First Nation’s duty to make copies of it available to its members who request that document.
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Internet site — Minister 9 The Minister must publish the documents referred to in paragraphs 7(1)(a) to (d) on the Internet site of the Department of Indigenous Services without delay after the First Nation has provided him or her with those documents or they have been published under subsection 8(1). 2013, c. 7, s. 9 2019, c. 29, s. 369
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Application by member of First Nation 10 If a First Nation fails to provide copies of any document under section 7 , any member of that First Nation may apply to a superior court for an order requiring the council to carry out the duties under that section within the period specified by the court.
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Application by any person 11 If a First Nation fails to publish any document under section 8 , any person, including the Minister, may apply to a superior court for an order requiring the council to carry out the duties under that section within the period specified by the court.
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Limitation 12 An application for an order in respect of documents referred to in paragraphs 7 (1)(a) to (d) for the most recent financial year may only be made after the expiry of 120 days after the end of that financial year.
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Power — Minister 13 (1) If a First Nation is in breach of any duty imposed on it under sections 5 to 8 , the Minister may take one or more of the following measures: (a) require the council to develop an appropriate action plan to remedy the breach; (b) withhold moneys payable as a grant or contribution to the First Nation under an agreement that is in force on the day on which the breach occurs and that is entered into by the First Nation and Her Majesty in right of Canada as represented by the Minister, solely or in combination with other ministers of the Crown, until the First Nation has complied with its duty; or (c) terminate any agreement referred to in paragraph (b). Deeming (2) An amount withheld under paragraph (1)(b) is deemed to be an amount that is due or owing for the purposes of section 37.1 of the Financial Administration Act .
First Nations Fiscal Management Act — F-11.67 Preamble
Preamble Whereas the Government of Canada is committed to responding to, to the extent of its authority, Call to Action 44 in the Final Report of the Truth and Reconciliation Commission of Canada and implementing the United Nations Declaration on the Rights of Indigenous Peoples, including Articles 3 to 5, 20, 21 and 23 as they relate to the pursuit of economic growth in Indigenous communities and to economic reconciliation;
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Whereas early contact Indigenous peoples had innovative economic and trade systems supported by public infrastructure, tax systems, sharing practices and the development of trading languages to enable commerce across linguistically diverse regions;
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Whereas Indigenous languages have words for taxes and sharing, including the word “taksis” in the Chinook trading language;
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Whereas the Government of Canada has adopted a policy recognizing the inherent right of self-government as an Aboriginal right and providing for the negotiation of self-government;
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Whereas this Act is not intended to define the nature and scope of any right of self-government or to prejudge the outcome of any self-government negotiation;
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Whereas First Nations governments led an initiative in 1988 to amend the Indian Act in order to recognize their jurisdiction over real property taxation;
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Whereas First Nations leaders led an initiative that resulted in the development of legislation that would enable First Nations to better exercise their jurisdiction with respect to taxation, financial administration and the provision of services on reserve lands and to participate in pooled debenture borrowing;
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Whereas economic development through the application of local revenues and other revenues to support borrowing on capital markets for the development of public infrastructure is available to other governments in Canada;
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Whereas local revenue systems on reserves should recognize both the interests of on-reserve taxpayers and the rights of members of First Nations communities;
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And whereas First Nations and the Government of Canada recognize the benefits of establishing Indigenous institutions as part of a comprehensive fiscal framework;
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NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
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Short title 1 This Act may be cited as the First Nations Fiscal Management Act . 2005, c. 9, s. 1; 2012, c. 19, s. 658
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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 )
First Nations Fiscal Management Act — F-11.67
capital assets includes capital infrastructure. ( immobilisation )
First Nations Fiscal Management Act — F-11.67
council has the same meaning as council of the band in subsection 2(1) of the Indian Act . ( conseil de la première nation )
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First Nation means a band named in the schedule. ( première nation )
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First Nations Finance Authority means the corporation established under section 58. ( Administration financière des premières nations )
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First Nations Financial Management Board means the board established under subsection 38(1). ( Conseil de gestion financière des premières nations )
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First Nations Gazette means the publication published under section 34. ( Gazette des premières nations )
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First Nations Infrastructure Institute means the institute established under subsection 102(1). ( Institut des infrastructures des premières nations )
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First Nations Statistical Institute [Repealed, 2012, c. 19, s. 659]
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First Nations Tax Commission means the commission established under subsection 17(1). ( Commission de la fiscalité des premières nations )
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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 )
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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 )
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local revenue law means a law made under subsection 5(1). ( texte législatif sur les recettes locales )
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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 )
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Minister means the Minister of Crown-Indigenous Relations. ( ministre )
First Nations Fiscal Management Act — F-11.67 (a)
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 )
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property taxation law means a law made under paragraph 5(1)(a). ( texte législatif relatif à l’imposition foncière )
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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 )
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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 )
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third-party management [Repealed, 2023, c. 16, s. 3]
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Financial administration laws 4 The council of a First Nation may not make a law under paragraph 5(1)(d) or 8.1(1)(a) until the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and that law has been approved by the First Nations Financial Management Board. 2005, c. 9, s. 4; 2018, c. 27, s. 414(E) 2023, c. 16, s. 4
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d the contravention of that law; or (b) doing anything that, in the opinion of the court, may prevent the contravention of that law. Collection — competent court (6) The First Nation may commence a proceeding in a court of competent jurisdiction to collect an amount owing to the First Nation under a local revenue law. Enforcement — Framework Agreement on First Nation Land Management Act (6.1) If a First Nation has adopted a land code as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act or the council of a First Nation has enacted a First Nation law as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.1(a) of the Framework Agreement , as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a local revenue law. Assignment of interest or right (7) Despite the Indian Act or any instrument or act conferring an interest or right in reserve lands, if there are outstanding taxes payable under a law made under paragraph (1)(a) for more than two years, the First Nation may assign the interest or right in accordance with the conditions and procedures prescribed by regulation. Judicial notice (8) In any proceedings, judicial notice may be taken of a local revenue law. Statutory Instruments Act (9) The Statutory Instruments Act does not apply in respect of local revenue laws or laws made under section 9 . 2005, c. 9, s. 5; 2015, c. 36, s. 178; 2018, c. 27, ss. 386, 414(E) 2023, c. 16, s. 5
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Notice of proposed laws 6 (1) At least 30 days — or any longer period fixed by a standard made under subsection 35(1) — before making a law under paragraph 5(1)(a), (a.1) or (c), including a law repealing or amending such a law, other than a law referred to in subsection 10(1), the council of a First Nation shall (a) publish a notice of the proposed law in the First Nations Gazette ; (b) post the notice in a public place on the reserve lands of the First Nation; and (c) send the notice, by mail or electronic means, to the First Nations Tax Commission. Exemption (2) The First Nations Tax Commission may exempt a First Nation from the requirements of subsection (1) in respect of an amendment of a law if the Commission considers that the amendment is not significant. Content of notice (3) A notice referred to in subsection (1) shall (a) describe the proposed law; (b) state where a copy of the proposed law may be obtained; (c) invite representations regarding the proposed law to be made, in writing, to the council within the period referred to in subsection (1); and (d) if the council is to review the proposed law at a public meeting, state the time and place of the meeting. Council to consider representations (4) Before making a law under paragraph 5(1)(a), (a.1) or (c), the council of a First Nation shall consider any representations that were made in accordance with paragraph (3)(c) or at a meeting referred to in paragraph (3)(d). 2005, c. 9, s. 6; 2015, c. 36, s. 179; 2018, c. 27, s. 414(E)
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Further representations 7 When the council of a First Nation sends a law made under paragraph 5(1)(a), (a.1) or (c), other than a law referred to in subsection 10(1), to the First Nations Tax Commission for its approval, the council shall (a) provide a copy of the law to any persons who made representations under paragraph 6 (3)(c); and (b) invite those persons to make written representations to the Commission within 30 days after the day on which they receive the copy of the law. 2005, c. 9, s. 7; 2018, c. 27, s. 387