First Nations Fiscal Management Act Adaptation Regulations — 5
tions (6) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the First Nations Infrastructure Institute, make regulations prescribing anything that is to be prescribed under paragraph (1)(c). Publication (7) The First Nation shall publish all laws made under subsection (1) in the First Nations Gazette and provide a copy of a law made under that subsection on request. Coming into force 98 A law made under subsection 97(1) comes into force on the later of (a) the day of coming into force set out in the law, and (b) the day on which it is published in the First Nations Gazette . Judicial notice 99 In any proceedings, judicial notice may be taken of a law made under subsection 97(1). Statutory Instruments Act 100 The Statutory Instruments Act does not apply in respect of a law made under subsection 97(1). PART 5.2 First Nations Infrastructure Institute Definition Definition of Institute 101 In this Part, Institute means the First Nations Infrastructure Institute. Establishment and Organization of Institute Establishment 102 (1) There is established an institute, to be known as the First Nations Infrastructure Institute, to be managed by a board of directors consisting of ten directors, including a Chairperson and Vice-Chairperson. Capacity, rights, powers and privileges (2) The Institute has the capacity, rights, powers and privileges of a natural person, including the capacity to (a) enter into contracts; (b) acquire, hold and dispose of property or an interest or right in property, or lease property; (c) raise, invest or borrow money; and (d) sue and be sued. Not agent of His Majesty 103 The Institute is not an agent of His Majesty in right of Canada. Appointment of first directors 104 On the recommendation of the Minister, the Governor in Council shall appoint the first ten directors of the board of directors, including a Chairperson, who are to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Appointment of subsequent directors — Governor in Council 105 (1) On the recommendation of the Minister, the Governor in Council shall appoint three directors, including a Chairperson, to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Committee to advise Minister (2) The Minister may establish a committee to advise the Minister on the appointment of directors, other than the Chairperson, under subsection (1). This committee is to include representation from the board of directors. Appointment of subsequent directors — prescribed bodies (3) One or more bodies prescribed by regulation shall, in accordance with any rules and procedures established by the board of directors and subject to subparagraph 113(b)(ii), appoint seven additional directors to hold office during good behaviour for a term not exceeding five years, subject to removal by the board under section 108. Qualifications 106 The board of directors shall be composed of individuals from across Canada, including members of First Nations, who are committed to improving infrastructure outcomes for First Nations, Indigenous groups and entities referred to in subsection 50.1(1) and who have the experience or capacity to enable the Institute to fulfil its mandate. Election of Vice-Chairperson 107 The board of directors shall elect a Vice-Chairperson from among the directors. Removal of directors 108 The board of directors may remove a director appointed under subsection 105(3) for cause at any time in accordance with the rules and procedures established under subparagraph 113(b)(i). Reappointment 109 (1) Directors may be reappointed for a second or subsequent term of office. Continuation in office (2) Despite subsections 105(1) and (3), an appointed director continues to hold office until they are reappointed or their successor is appointed. Stat