First Nations Fiscal Management Act Adaptation Regulations — 5
red, 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. 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. 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. Limit of liability — co-management or third-party management 136.11 Despite anything in federal or provincial law or in a law of an Indigenous group, if, under this Act, the First Nations Financial Management Board has required an Indigenous group to enter into a co-management arrangement or has assumed third-party management of an Indigenous group’s 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 Indigenous group. 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. 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. 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. 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 A