GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Fiscal Management Act — F-11.67 97
Laws respecting the provision of services 97 (1) The council of a First Nation may make laws respecting the provision of services and respecting infrastructure located on the First Nation’s reserve lands that is used in the provision of those services, including laws (a) regulating or prohibiting the provision of services; (b) imposing requirements and prohibitions with respect to infrastructure; and (c) respecting, subject to any conditions and procedures prescribed by regulation, the enforcement of laws made under this subsection, including by providing for measures to (i) require any person or entity to refrain from doing anything that constitutes or is directed toward the contravention of those laws, (ii) require any person or entity to do anything that may prevent or remedy the contravention of those laws, (iii) recover costs incurred by the First Nation in enforcing those laws and impose and recover interest and penalties with respect to those costs, (iv) create liens or, in Quebec, prior claims or legal hypothecs on reserve lands and on interests or rights in reserve lands, and (v) discontinue services. For greater certainty (2) For greater certainty, laws made under subsection (1) apply only on the reserve lands of the First Nation that made the laws. Non-compliance with measure (3) If a person or entity is not complying with a measure referred to in subparagraph (1)(c)(i) or (ii), the First Nation may take appropriate corrective measures at the expense of the person or entity. Application to competent court (4) The First Nation may apply to a court of competent jurisdiction for an order directing a person or entity named in the application to comply with a law made under subsection (1), such as by (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or (b) doing anything that, in the opinion of the court, may prevent the contravention of that law. Enforcement — Framework Agreement on First Nation Land Management Act (5) 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 law made under subsection (1). Regulations (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. 2005, c. 9, s. 97 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 98
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 . 2005, c. 9, s. 98 2012, c.19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 99
Judicial notice 99 In any proceedings, judicial notice may be taken of a law made under subsection 97 (1). 2005, c. 9, s. 99 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 100
Statutory Instruments Act 100 The Statutory Instruments Act does not apply in respect of a law made under subsection 97 (1). 2005, c. 9, s. 100 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 101
Definition of Institute 101 In this Part, Institute means the First Nations Infrastructure Institute. 2005, c. 9, s. 101 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 102
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. 2005, c. 9, s. 102 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 103
Not agent of His Majesty 103 The Institute is not an agent of His Majesty in right of Canada. 2005, c. 9, s. 103 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 104
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. 2005, c. 9, s. 104 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 105
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. 2005, c. 9, s. 105 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 106
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 and entities referred to in subsection 50.1(1) and who have the experience or capacity to enable the Institute to fulfil its mandate. 2005, c. 9, s. 106 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 107
Election of Vice-Chairperson 107 The board of directors shall elect a Vice-Chairperson from among the directors. 2005, c. 9, s. 107 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 108
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). 2005, c. 9, s. 108 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 109
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. 2005, c. 9, s. 109 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 110
Status 110 The Chairperson shall hold office on a full-time basis and the other directors shall hold office on a part-time basis. 2005, c. 9, s. 110 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 111
Remuneration 111 (1) Directors shall be paid the remuneration determined by the Governor in Council. Expenses (2) The Chairperson shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of work. Other directors shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence. 2005, c. 9, s. 111 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 112
Chairperson — functions 112 (1) The Chairperson is the chief executive officer of the Institute and has supervision over, and direction of, the work and staff of the Institute. Interim Chairperson (2) In the event of the absence or incapacity of the Chairperson, the Vice-Chairperson shall assume the duties and functions of the Chairperson. 2005, c. 9, s. 112 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113
Powers of the board 113 The board of directors may (a) make any rules and procedures that it considers necessary for the conduct of its meetings; and (b) in respect of a director referred to in subsection 105(3), (i) make any rules and procedures that it considers necessary for their appointment or removal, (ii) determine additional qualifications necessary for their particular appointment, and (iii) establish the length of their term, which shall not exceed five years. 2005, c. 9, s. 113 2012, c. 19, s. 660 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.1
Head office 113.1 The head office of the Institute shall be on reserve lands at a location determined by the board of directors. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.2
Staff 113.2 (1) The board of directors may (a) hire any staff that is necessary to conduct the work of the Institute; and (b) determine the duties of those persons and the conditions of their employment. Salaries and benefits (2) Persons hired under subsection (1) shall be paid the salary and benefits fixed by the board of directors. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.3
Mandate 113.3 The purposes of the Institute are to (a) assist First Nations and entities referred to in subsection 50.1(1) in planning, developing, procuring, owning, managing, operating and maintaining infrastructure, including by providing review, analysis, assessment, certification and monitoring services; (b) assist First Nations in the exercise of their jurisdiction over the provision of services , as defined in section 96, and over infrastructure; (c) provide services or support the provision of services respecting asset management; (d) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting infrastructure and social, cultural, environmental, economic and fiscal sustainability; (e) support capacity development for infrastructure planning, development, procurement, management, operation, maintenance, funding and financing by First Nations and entities referred to in subsection 50.1(1); (f) advance options to assist First Nations and entities referred to in subsection 50.1(1) in developing and implementing approaches to support the stable, effective and long-term funding and financing of infrastructure; (g) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to support the development of legal and administrative frameworks to improve the planning, development, procurement, management, operation and maintenance of infrastructure; (h) provide policy research services, review and evaluative services and advice to support First Nations and entities referred to in subsection 50.1(1) in developing fiscal frameworks and revenue streams to support the development, management, operation and maintenance of infrastructure; (i) conduct research and provide advice and information to the Government of Canada, including the Minister, on the development and implementation of frameworks to support the development of infrastructure that is socially, culturally, environmentally, economically and fiscally sustainable; and (j) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.4
Powers 113.4 (1) In furtherance of its purposes, the Institute may enter into partnerships, agreements and other arrangements with local, regional, national and international organizations to provide services to First Nations and entities referred to in subsection 50.1(1). Provision of services (2) On the request of a First Nation or an entity referred to in subsection 50.1(1), the Institute may provide services relating to its purposes to that First Nation or entity, including (a) assistance in planning, developing, procuring, owning, operating and maintaining infrastructure; (b) project management support with respect to infrastructure; (c) the review of funding and financing options for infrastructure projects; and (d) support in asset management. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.5
Review of infrastructure project 113.5 (1) On the request of a First Nation or an entity referred to in subsection 50.1(1), the Institute may review an infrastructure project, or any aspect of an infrastructure project, involving that First Nation or entity for compliance with the standards established under subsection 113.8(1). Report (2) On completion of the review, the Institute shall provide to the First Nation or entity a report setting out (a) the scope of the review undertaken; and (b) an opinion as to whether the infrastructure project, or aspect of the infrastructure project, was in compliance with the standards or as to which aspects of the standards were not complied with. Issuance of certificate (3) If after completing the review the Institute is of the opinion that the infrastructure project, or the reviewed aspect, was in compliance, in all material respects, with the standards, it shall issue to the First Nation or entity a certificate to that effect. Revocation of certificate (4) The Institute may, on giving notice to the First Nation or entity, revoke the First Nation’s or the entity’s certificate if, on the basis of information available to the Institute, it is of the opinion that the certificate was issued on the basis of incomplete or incorrect information. Form and content (5) The Institute may determine the form and content of certificates issued under subsection (3), including any restrictions as to the purposes for which, and the persons by whom, they are intended to be used. Opinion final (6) An opinion of the Institute referred to in this section is final and conclusive and is not subject to appeal. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.6
Review for continued compliance 113.6 (1) On the request of a First Nation or an entity referred to in subsection 50.1(1), or under the terms of an agreement between any level of government and the First Nation or entity, the Institute may review an infrastructure project, or any aspect of an infrastructure project, for which it has issued a certificate under subsection 113.5(3) for continued compliance with the standards established under subsection 113.8(1). Report (2) On completion of the review, the Institute shall provide to the First Nation or entity a report setting out the scope of its review and its findings and any recommendations. Report final (3) The content of the report is final and conclusive and is not subject to appeal. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.7
Review of First Nation laws 113.7 (1) On the request of a First Nation, the Institute may review any law made by the council under subsection 97(1) for compliance with the standards established under subsection 113.8(1). Notification of compliance (2) If after completing the review the Institute is of the opinion that the law is in compliance, in all material respects, with the standards, it shall notify the First Nation of its opinion in writing. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.8
Standards 113.8 (1) The Institute may establish standards, not inconsistent with the regulations, respecting (a) the form and content of laws made under subsection 97(1); (b) the planning, developing, procuring, owning, managing, operating and maintaining infrastructure; (c) asset management; and (d) the certification and review of infrastructure projects. Procedures (2) The Institute may establish procedures respecting (a) reviews of laws made under subsection 97(1) and requests for such reviews; (b) the provision of services under subsection 113.4(2) and requests for such services; (c) reviews of infrastructure projects, requests for such reviews, and the issuance of certificates under section 113.5; and (d) reviews for continued compliance under section 113.6 and requests for such reviews. Statutory Instruments Act (3) The Statutory Instruments Act does not apply to a standard established under subsection (1) or a procedure established under subsection (2). First Nations Gazette (4) The Institute shall publish all standards established under subsection (1) and procedures established under subsection (2) in the First Nations Gazette . 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.9
Functions and powers 113.9 (1) The Institute may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes. No identifying information (2) The Institute shall ensure that no First Nation, entity, including an entity referred to in subsection 50.1(1), or individual can reasonably be identified, whether directly or indirectly, by any means, from any information that the Institute makes publicly available under subsection (1). Exception (3) The Institute is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, entity or individual to whom it relates consents to being identified. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.91
Information sharing agreements 113.91 The Institute may enter into agreements with a First Nation, entity, including an entity referred to in subsection 50.1(1), or individual or any level of government concerning the sharing of information for research, analysis and publication purposes. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 113.92
Regulations 113.92 The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Institute, make regulations prescribing fees that the Institute may charge for services and the manner in which the fees may be recovered. 2023, c. 16, s. 43
First Nations Fiscal Management Act — F-11.67 114
Definitions 114 The following definitions apply in this Part. board of directors includes (a) in respect of the First Nations Tax Commission, the commissioners referred to in section 17 ; (b) in respect of the First Nations Financial Management Board, the directors referred to in section 38 ; and (c) in respect of the First Nations Infrastructure Institute, the directors referred to in subsection 102(1). ( conseil d’administration ) institution means the First Nations Tax Commission, the First Nations Financial Management Board or the First Nations Infrastructure Institute. ( institution ) 2005, c. 9, s. 114 2023, c. 16, s. 44
First Nations Fiscal Management Act — F-11.67 (a)
board of directors includes (a) in respect of the First Nations Tax Commission, the commissioners referred to in section 17 ; (b) in respect of the First Nations Financial Management Board, the directors referred to in section 38 ; and (c) in respect of the First Nations Infrastructure Institute, the directors referred to in subsection 102(1). ( conseil d’administration )
First Nations Fiscal Management Act — F-11.67
institution means the First Nations Tax Commission, the First Nations Financial Management Board or the First Nations Infrastructure Institute. ( institution )
First Nations Fiscal Management Act — F-11.67 115
Exclusion from federal public administration 115 (1) The officers and employees of an institution are not part of the federal public administration. No guarantees (2) No person shall give a guarantee on behalf of Her Majesty for the discharge of an obligation or liability of an institution. 2005, c. 9, ss. 115, 154(E)
First Nations Fiscal Management Act — F-11.67 116
Financial year 116 The financial year of each institution is the period from April 1 to March 31, unless otherwise prescribed by regulation.
First Nations Fiscal Management Act — F-11.67 117
Expenditure of revenues 117 Subject to any terms and conditions that the Treasury Board may direct, for the purposes of the institution, an institution may expend, during a financial year or the following year, any revenues that it receives in that financial year through the conduct of its operations.
First Nations Fiscal Management Act — F-11.67 118
Corporate plans 118 (1) Each institution shall, in accordance with any directions given by the Minister, establish a five-year corporate plan and a budget for each financial year and submit them to the Minister for approval. Scope and contents of corporate plan (2) The corporate plan of each institution shall encompass all of the businesses and activities of the institution and include a statement of (a) the objects or purposes of the institution; (b) the institution’s objectives for the five-year period to which the plan relates and the strategy it intends to employ to achieve those objectives; and (c) the institution’s expected performance for that five-year period as compared to its objectives set out in the last corporate plan. Contents of budget (3) The budget of each institution must include a statement of the institution’s projected revenues and expenses for the financial year on account of capital and operations. Form of corporate plan (4) The corporate plan of each institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution. Restriction on business or activity (5) No institution may carry on any business or activity in any financial year in a manner that is not consistent with its corporate plan for that year. Amendment (6) Any amendment by an institution to its corporate plan or budget shall be submitted to the Minister for approval. 2005, c. 9, s. 118 2023, c. 16, s. 45
First Nations Fiscal Management Act — F-11.67 119
Books and systems 119 (1) Each institution shall (a) keep books of account and records in relation to them; and (b) maintain financial and management control and information systems. Books and systems (2) The books, records and systems referred to in subsection (1) shall be kept and maintained in such a manner as will provide reasonable assurance that (a) the institution’s assets are safeguarded and controlled; (b) its transactions are in accordance with this Act; (c) its financial, human and physical resources are managed economically and efficiently; and (d) its operations are carried out effectively. Internal audit (3) An institution may cause internal audits to be conducted to assess compliance with subsections (1) and (2). Financial statements (4) Each institution shall annually prepare financial statements, in accordance with generally accepted accounting principles, as supplemented by any directions given by the Minister under subsection (6). Form of financial statements (5) The financial statements of an institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution. Directions (6) The Minister may give directions respecting the preparation of financial statements, to supplement generally accepted accounting principles.