First Nations Fiscal Management Act Adaptation Regulations — 5
nterests 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 subsection (2). Data Collection, Analysis and Publication Functions and powers 35.1 (1) The Commission may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes. No identifying information (2) The Commission shall ensure that no First Nation, Indigenous group, 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 Commission makes publicly available under subsection (1). Exception (3) The Commission is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, Indigenous group, entity or individual to whom it relates consents to being identified. Information sharing agreements 35.2 The Commission may enter into agreements with a First Nation, Indigenous group, 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. Regulations Regulations 36 (1) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Commission, make regulations (a) prescribing anything that is to be prescribed under subparagraph 5(1)(a)(i), paragraph 5(1)(e) or (4)(a), subsection 5(7) or section 10; (b) establishing procedures to be followed for the purposes of section 31 or 33, including procedures (i) for requiring the production of documents from a First Nation or person requesting a review under subsection 33(1), (ii) for conducting hearings, and (iii) authorizing the Commission to apply to a justice of the peace for a subpoena compelling a person to appear before the Commission to give evidence and bring any documents specified in the subpoena, and to pay associated travel expenses; (c) prescribing fees to be charged by the Commission for services to First Nations and other organizations; and (d) respecting the exercise of the law-making powers of First Nations under subsection 5(1). Provincial differences (2) Regulations made under paragraph (1)(a) may vary from province to province. Authority to vary (3) Regulations made under paragraph (1)(b) may authorize the Commission to (a) vary the procedures to accommodate the customs or culture of a First Nation in respect of which a hearing is being held; (b) extend or shorten any period provided for in those regulations; (c) dispense with compliance with any procedure provided for in the regulations in the interest of securing a just, expeditious and inexpensive hearing of a complaint; and (d) delegate any of the powers of the Commission under section 31 or 33 to a panel consisting of one or more commissioners. Designation of panels by Chief Commissioner (3.1) Regulations made under paragraph (1)(b) may authorize or require the Chief Commissioner to designate the members of a panel for the purposes of the delegation of powers referred to in paragraph (3)(d). Inconsistencies (4) In the event of an inconsistency between a law made under subsection 5(1) and regulations made under subsection (1), the regulations prevail to the extent of the inconsistency. PART 3 First Nations Financial Management Board Interpretation Definition of Board 37 In this Part, Board means the First Nations Financial Management Board. Establishment and Organization of Board Establishment 38 (1) There is established a board, to be known as the First Nations Financial Management Board, to be managed by a board of directors consisting of a minimum of nine and a maximum of 13 directors, including a Chairperson and Vice-Chairperson. Capacity, rights, powers and privileges (2) The Board has the capacity, rights, powers and