GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Fiscal Management Act — F-11.67 120
Annual auditor’s report 120 (1) Each institution shall cause an annual auditor’s report to be prepared in accordance with any directions of the Minister, on (a) its financial statements; and (b) any quantitative information required to be audited under subsection (3). Contents (2) A report under subsection (1) shall (a) include separate statements as to whether in the auditor’s opinion (i) the financial statements are presented fairly, in accordance with generally accepted accounting principles, applied on a basis consistent with that of the preceding year, (ii) the quantitative information is accurate in all material respects and, if applicable, was prepared on a basis consistent with that of the preceding year, and (iii) the transactions of the institution that have come to the auditor’s notice in the course of their examination for the report were carried out in accordance with this Act; and (b) call attention to any other matter falling within the scope of the auditor’s examination for the report that, in their opinion, should be brought to the attention of the institution or the Minister. Audit of quantitative information (3) The Minister may require that any quantitative information required to be included in an institution’s annual report pursuant to paragraph (2)(a) be audited. Presentation to Minister (4) Each institution shall submit its audited financial statements to the Minister at least 30 days before the day of its annual meeting. 2005, c. 9, s. 120 2023, c. 16, s. 46(E)
First Nations Fiscal Management Act — F-11.67 121
Special examination 121 (1) Each institution shall, at least once every five years and at any other time required by its board of directors or by the Minister, cause a special examination to be carried out in respect of its operations to determine if the books, records, systems and practices referred to in section 119 were, in the period under examination, maintained in a manner that met the requirements of that section. Plan (2) Before commencing a special examination, an examiner shall survey the systems and practices of the institution to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the audit committee of the institution. Resolution of disagreements (3) Any disagreement between the examiner and the audit committee or board of directors of an institution with respect to a plan referred to in subsection (2) shall be resolved by the Minister. Reliance on internal audit (4) An examiner shall, as far as is practica­ble, rely on any internal audit conducted pursuant to subsection 119 (3) in respect of the institution being examined.
First Nations Fiscal Management Act — F-11.67 122
Report 122 (1) An examiner shall, on completion of a special examination in respect of an institution, submit a report on their findings, and a summary of that report, to the Minister and to the board of directors of the institution. Contents (2) The report of an examiner shall include (a) a statement whether in the examiner’s opinion, having regard to the criteria referred to in subsection 119 (2), there is a reasonable assurance that there are no significant deficiencies in the systems and practices examined; and (b) a statement of the extent to which the examiner relied on internal audits. Posting of report (3) An institution shall, as soon as possible after receipt of an examiner’s report, post a summary of the report on an Internet website maintained by the institution. 2005, c. 9, s. 122 2023, c. 16, s. 47(E)
First Nations Fiscal Management Act — F-11.67 123
Examiner 123 (1) Subject to subsection (2), a special examination shall be carried out by the auditor of the institution. Other auditor (2) If, in the opinion of the Minister, a person other than the auditor of an institution should carry out a special examination in respect of the institution, the Minister may, after consulting with the board of directors of the institution, direct that the examination be carried out by another auditor who is qualified for the purpose.
First Nations Fiscal Management Act — F-11.67 124
Consultation with Auditor General 124 The auditor or examiner of an institution may at any time consult the Auditor General of Canada on any matter relating to an audit or special examination.
First Nations Fiscal Management Act — F-11.67 125
Right to information 125 (1) At the request of the auditor or examiner of an institution, the present or former commissioners, directors, officers, employees or agents or mandataries of the institution shall provide any information and explanations, and give access to any records, documents, books, accounts and vouchers of the institution that are under their control, that the auditor or examiner considers necessary to prepare a report required under this Act. Obligation to inform (2) If a commissioner or director of an institution does not have information or an explanation requested by an auditor or examiner under subsection (1), the commissioner or director shall obtain the information or explanation and provide it to the auditor or examiner. 2005, c. 9, s. 125; 2018, c. 27, s. 409(E)
First Nations Fiscal Management Act — F-11.67 126
Restriction 126 Nothing in this Part or in any directions of the Minister shall be construed as authorizing the auditor or examiner of an institution to express any opinion on the merits of matters of policy, including the merits of (a) the objects or purposes for which the institution was established or the restrictions on the businesses or activities that it may carry on, as set out in this Act; or (b) any business or policy decision of the institution.
First Nations Fiscal Management Act — F-11.67 127
Qualified privilege 127 An oral or written statement or report made under this Part by an auditor or examiner has qualified privilege.
First Nations Fiscal Management Act — F-11.67 128
Audit committee 128 (1) Each institution shall establish an audit committee composed of not less than three commissioners or directors who are not officers of the institution and who are competent to perform the duties set out in subsection (2). Duties (2) An audit committee shall (a) review, and advise the board of directors in respect of, the financial statements that are to be included in the annual report of the institution; (b) oversee any internal audit of the institution; (c) review, and advise the board of directors in respect of, the annual auditor’s report in respect of the institution; (d) review, and advise the board of directors in respect of, any plan and report of a special examiner; and (e) perform any other functions that are assigned to it by the board of directors of the institution. Auditor’s or examiner’s attendance (3) An auditor and any examiner of an institution are entitled to receive notice of every meeting of the audit committee and, at the expense of the institution, to attend and be heard at each meeting. Required attendance (4) The auditor or examiner of an institution shall attend any meeting of the institution’s audit committee at which he or she is requested to attend by a member of that committee. Calling meeting (5) The auditor or examiner of an institution or a member of the institution’s audit committee may call a meeting of that committee.
First Nations Fiscal Management Act — F-11.67 129
Disclosure of material developments 129 The chief executive officer of an institution shall, as soon as reasonably practica­ble, notify the Minister and any commissioner or director of the institution not already aware of them of any financial or other developments that, in the chief executive officer’s opinion, are likely to have a material effect on the perform­ance of the institution, relative to its objectives or requirements for funding.
First Nations Fiscal Management Act — F-11.67 130
Annual report 130 (1) Each institution shall, within four months after the end of each financial year, submit to the Minister an annual report on the operations of the institution in that year. Form and contents (2) The annual report of an institution shall be prepared in a form that clearly sets out information according to the major businesses or activities of the institution and shall include (a) the financial statements of the institution; (b) the annual auditor’s report; (c) a statement on the extent to which the institution has met its objectives for the financial year; (d) any quantitative information respecting the performance of the institution that the Minister may require to be included; and (e) any other information that is required under this Act or any other Act of Parliament.
First Nations Fiscal Management Act — F-11.67 131
Annual meeting 131 (1) The board of directors of an institution shall call an annual meeting not later than 18 months after the institution is established and subsequently not later than 15 months after the preceding annual meeting. Manner in which meeting held (1.1) The board of directors shall determine the manner in which the annual meeting shall be held, which may be entirely by means of electronic communication or in a way that allows participation by such means. Notice of meeting (2) An institution shall, at least 30 days before the annual meeting, publish a notice on an Internet website to be maintained by the institution (a) setting out the time and location, if any, of the meeting; (b) indicating the means of participating in the meeting, such as by providing instructions on how to participate electronically; and (c) specifying that the institution’s annual report may be accessed on that website. Availability to public (3) At the annual meeting, the board of directors shall ensure that (a) the institution’s most recent annual report is made available to those participating in the meeting; and (b) the chief executive officer and the commissioners or directors of the institution who are attending the meeting are available to those participating in the meeting to answer any questions about the institution’s operations. 2005, c. 9, s. 131 2023, c. 16, s. 48
First Nations Fiscal Management Act — F-11.67 132
Conflict of interest 132 (1) No person who is appointed to, or employed by, the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Infrastructure Institute shall be appointed to, or employed by, any other one of those bodies. Conflict of interest (2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with their duties or take part in any matter involving a body referred to in subsection (1) in which they have an interest. Conflict of interest (3) All persons appointed to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Infrastructure Institute shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act. 2005, c. 9, s. 132; 2006, c. 9, s. 8; 2012, c. 19, s. 661 2023, c. 16, s. 49
First Nations Fiscal Management Act — F-11.67 133
Liability of His Majesty 133 (1) No person has a right to receive any compensation, damages, indemnity or other relief from His Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Infrastructure Institute arising from its exercise of, or its failure to exercise, any of its powers or functions, including any claim against the First Nations Tax Commission as an agent of His Majesty in right of Canada. Insurance required (2) The First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Infrastructure Institute shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b). 2005, c. 9, s. 133; 2012, c. 19, s. 662 2023, c. 16, s. 49
First Nations Fiscal Management Act — F-11.67 134
No appropriation 134 No payment to the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority or First Nations Infrastructure Institute may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board, Authority or Institute to satisfy any claim referred to in subsection 133(1). 2005, c. 9, s. 134; 2012, c. 19, s. 662 2023, c. 16, s. 49
First Nations Fiscal Management Act — F-11.67 135
No compensation 135 No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada, or from the First Nations Tax Commission, for any acquired, vested or future right, or for any prospect of such a right, that is affected by a law approved by the First Nations Tax Commission under subsection 31 (3), or for any duty or liability imposed on that person as a result of such a law.
First Nations Fiscal Management Act — F-11.67 136
Limit of liability — commissioner, director, employee, etc. 136 No civil proceedings lie against any of the following persons for anything done or omitted to be done in the exercise or performance, or purported exercise or performance, in good faith of any power or duty under this Act or regulations made under this Act: (a) a commissioner or employee of the First Nations Tax Commission or a person acting on its behalf; (b) a director or employee of the First Nations Financial Management Board or a person acting on its behalf; and (c) a director or employee of the First Nations Infrastructure Institute or a person acting on its behalf. 2005, c. 9, s. 136; 2012, c. 19, s. 663; 2018, c. 27, s. 410 2023, c. 16, s. 50
First Nations Fiscal Management Act — F-11.67 136.1
Limit of liability — co-management or third-party management 136.1 Despite anything in federal or provincial law, if, under this Act, the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement or has assumed third-party management of a First Nation’s local revenues or other revenues, neither the Board nor any director or employee of the Board or person acting on behalf of the Board is by reason of that fact liable for any liability of the First Nation. 2018, c. 27, s. 410 2023, c. 16, s. 51
First Nations Fiscal Management Act — F-11.67 136.2
Personal liability for costs 136.2 No director or employee of the First Nations Financial Management Board or person acting on behalf of the Board is personally liable for costs (a) awarded in any civil proceedings brought against any of them in relation to anything done, or omitted to be done, in the exercise or purported exercise of any power, or in the performance or purported performance of any duty, of that person or the Board in accordance with this Act or the regulations made under this Act, unless a court otherwise directs; or (b) awarded against the Board in any civil proceedings. 2018, c. 27, s. 410
First Nations Fiscal Management Act — F-11.67 137
Limit of liability 137 No civil proceedings lie against a member of a council or an employee of a First Nation for anything done, or omitted to be done, during the course of the exercise or purported exercise in good faith of any power, or the performance or purported performance in good faith of any duty, of that member or employee in accordance with this Act, regulations made under this Act or a law made by the council of a First Nation under this Act. 2005, c. 9, s. 137; 2018, c. 27, s. 414(E)
First Nations Fiscal Management Act — F-11.67 138
Conflict with other laws 138 (1) In the event of a conflict between a local revenue law, a law made under subsection 8.1(1) or a law made under subsection 97(1) and an Act of Parliament or any regulations made under an Act of Parliament or a code made by a First Nation under another Act of Parliament, the Act, regulations or code prevails to the extent of the conflict. Conflict with other First Nation laws (2) In the event of a conflict between a law made by a First Nation under this Act and a law, other than a code, made by the First Nation under another Act of Parliament, the law made by the First Nation under this Act prevails to the extent of the conflict. 2005, c. 9, s. 138; 2018, c. 27, s. 414(E) 2023, c. 16, s. 52
First Nations Fiscal Management Act — F-11.67 139
Official languages 139 (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission. Official languages (2) If there is a demand for services in a particular official language, the First Nations Financial Management Board, First Nations Finance Authority and First Nations Infrastructure Institute shall offer services in that language. 2005, c. 9, s. 139; 2012, c. 19, s. 664 2023, c. 16, s. 53
First Nations Fiscal Management Act — F-11.67 140
Regulations 140 The Governor in Council may make regulations (a) prescribing anything that is to be prescribed under subsection 20(3), 41(2) or 105(3) or section 116; and (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and First Nations Infrastructure Institute in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board, Authority or Institute would be exempt from that requirement. 2005, c. 9, s. 140; 2012, c. 19, s. 665; 2015, c. 36, s. 202 2023, c. 16, s. 54
First Nations Fiscal Management Act — F-11.67 141
Regulations 141 (1) For the purpose of enabling an Indigenous group that is a party to a treaty, land claims agreement or self-government agreement with Canada to benefit from the provisions of this Act or obtain the services of any body established under this Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. Amendments to schedule in regulations (2) The Minister may, by order, at the request of the governing body of an Indigenous group referred to in subsection (1), amend any schedule included in regulations made under that subsection and listing the Indigenous groups that are subject to those regulations in order to (a) add or change the name of the Indigenous group; or (b) delete the name of the Indigenous group, as long as there are no amounts owing by the Indigenous group to the First Nations Finance Authority that remain unpaid. 2005, c. 9, s. 141; 2018, c. 27, ss. 411, 413(E) 2023, c. 16, s. 55
First Nations Fiscal Management Act — F-11.67 141.1
Regulations — organizations referred to in paragraph 50.1(1)(e) 141.1 (1) For the purpose of enabling an organization referred to in paragraph 50.1(1)(e) to benefit from the provisions of this Act, other than Parts 1, 2 and 5, or obtain the services of the First Nations Financial Management Board or the First Nations Finance Authority, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. Amendments to schedule in regulations (2) The Minister may, by order, at the request of an organization referred to in paragraph 50.1(1)(e), amend any schedule included in regulations made under subsection (1) and listing the organizations that are subject to those regulations in order to (a) add or change the name of the organization; or (b) delete the name of the organization, as long as there are no amounts owing by the organization to the First Nations Finance Authority that remain unpaid. 2018, c. 27, s. 412 2023, c. 16, s. 56
First Nations Fiscal Management Act — F-11.67 141.2
Regulations — joint reserve lands 141.2 For the purpose of enabling a First Nation to benefit from the provisions of this Act, or obtain the services of any body established under this Act, in respect of reserve lands that have been set apart for the use and benefit of that First Nation and one or more other First Nations, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations (a) adapting any provision of this Act or of any regulation made under this Act; and (b) restricting the application of any provision of this Act or of any regulation made under this Act. 2018, c. 27, s. 412
First Nations Fiscal Management Act — F-11.67 143
ITAB employees 143 (1) Persons who are employed by the Indian Taxation Advisory Board at the time that the First Nations Tax Commission is established shall be offered employment with the Commission, at the same salary and with equivalent terms and conditions of employment. Interim rules of procedure (2) Until new rules are established by the First Nations Tax Commission, the Commission shall conduct itself in accordance with the rules of procedure established by the Indian Taxation Advisory Board.
First Nations Fiscal Management Act — F-11.67 144
Continuation of directors 144 Persons who are directors of the First Nations Finance Authority Inc., a corporation incorporated under the Canada Business Corporations Act , on the day on which section 58 comes into force shall continue as directors of the First Nations Finance Authority until new directors are elected.
First Nations Fiscal Management Act — F-11.67 145
Continuation of existing by-laws 145 (1) By-laws made by a First Nation under paragraph 83(1)(a), or any of paragraphs 83(1)(d) to (g), of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule are deemed to be laws made under section 5 or 9 , as the case may be, to the extent that they are not inconsistent with section 5 or 9 , and remain in force until they are repealed or replaced. Amendment of existing by-laws (2) For greater certainty, subsections 5 (2) to (7) apply to amendments of by-laws referred to in subsection (1). Non-application of section (3) This section does not apply if the name of the First Nation is added to the schedule on or after the day on which section 145.1 comes into force. 2005, c. 9, s. 145; 2015, c. 36, s. 203; 2018, c. 27, s. 414(E)
First Nations Fiscal Management Act — F-11.67 145.1
Continuation of existing by-laws 145.1 (1) By-laws made by a First Nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule, except those described in subsection (2), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the First Nation under section 5 or are repealed. Continuation of existing by-laws (2) By-laws in respect of financial administration made by a First Nation under any of paragraphs 83(1)(a) and (b) to (g) of the Indian Act that are in force on the day on which the name of the First Nation is added to the schedule remain in force until they are repealed or until the First Nation makes a law that is approved under subsection 9(2). Continuation of existing by-laws (3) By-laws made by a First Nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force, except those described in subsection (4), are deemed to be laws made under section 5 to the extent that they are not inconsistent with section 5, and they remain in force until they are replaced by a law made by the First Nation under section 5 or are repealed. Continuation of existing by-laws (4) By-laws in respect of financial administration made by a First Nation under paragraph 83(1)(b) or (c) of the Indian Act that are in force on the day on which this section comes into force remain in force until they are repealed or until the First Nation makes a law that is approved under subsection 9(2). 2015, c. 36, s. 204; 2018, c. 27, s. 414(E)