First Nations Fiscal Management Act Adaptation Regulations — 5
ecomes aware that judicial review proceedings have been undertaken in respect of an approved law referred to in subsection (2), the Commission shall without delay inform the First Nations Finance Authority of those proceedings. Certificate is evidence (4) A certificate referred to in paragraph (2)(b) is, in the absence of evidence to the contrary, conclusive evidence in any judicial proceedings of the facts contained in it. Review on request 33 (1) On the request in writing by a member of a First Nation, or by a person who holds an interest or right in reserve lands, who (a) is of the opinion that the First Nation has not complied with this Part or a regulation made under this Part or, with respect to local revenues, Part 1 or a regulation made under that Part or that a local revenue law has been unfairly or improperly applied, (b) has requested the council of the First Nation to remedy the situation, and (c) is of the opinion that the council has not remedied the situation, the Commission shall conduct a review of the matter in accordance with the regulations. Independent review (2) If the Commission is of the opinion that a First Nation has not complied with this Part or a regulation made under this Part or, with respect to local revenues, Part 1 or a regulation made under that Part or that a local revenue law has been unfairly or improperly applied, it shall conduct a review of the matter in accordance with the regulations. Remedying the situation (3) If, after conducting a review, the Commission considers that a First Nation has not complied with this Part or a regulation made under this Part or, with respect to local revenues, Part 1 or a regulation made under that Part or that a local revenue law has been unfairly or improperly applied, the Commission (a) shall order the First Nation to remedy the situation; and (b) may, if the First Nation does not remedy the situation within the time set out in the order, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on the First Nation under section 52 or assume third-party management under section 53 to remedy the situation. First Nations Gazette 34 (1) All local revenue laws approved by the Commission and all standards and procedures established by the Commission under section 35 shall be published in the First Nations Gazette . Frequency of publication (2) The Commission shall publish the First Nations Gazette at least once in each calendar year. Standards and Procedures Standards 35 (1) The Commission may establish standards, not inconsistent with the regulations, respecting (a) the form and content of local revenue laws; (b) enforcement procedures to be included in those laws; (c) criteria for the approval of laws made under paragraph 5(1)(d) or (f); (c.01) criteria for the approval of local revenue laws respecting reserve lands that have been set apart for the use and benefit of more than one First Nation, including criteria in relation to the First Nations entering into agreements in relation to the administration of those local revenue laws and criteria in respect of those agreements; (c.1) notices relating to local revenue laws, including any minimum periods applicable to the notices; (d) the form in which information required under section 8 is to be provided to the Commission; and (e) the dates on or before which laws must be made by a council of a First Nation under section 10. Procedures (2) The Commission may establish procedures respecting (a) submission for approval of local revenue laws; (b) approval of those laws; (c) representation of taxpayers’ interests in the decisions of the Commission; and (d) resolution of disputes with First Nations concerning the taxation of interests or rights on reserve lands. Statutory Instruments Act (3) The Statutory Instruments Act does not apply to a standard established under subsection (1) or a procedure established under subsecti