GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
First Nations Fiscal Management Act Adaptation Regulations — 6
Request for copies — local revenues 6 (1) At any time after the Board gives a notice under subsection 52(1) or 53(1) of the Act and while a co-management arrangement in respect of the First Nation’s local revenues or third-party management of its local revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5 from any person who possesses or has control over them, including (a) the First Nations Tax Commission; (b) the First Nations Finance Authority; (c) a financial institution; (d) a law-making delegate; (e) any party to a third-party local services agreement; (f) any person who manages or controls local services capital assets; (g) the First Nation’s auditor; and (h) the person in charge of (i) the Reserve Land Register, the Surrendered and Designated Lands Register, the First Nation Lands Register , as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act , or any register maintained by or for the First Nation in which reserve lands, or interests or rights in reserve lands, are recorded, or (ii) any provincial land registry in which reserve lands, or interests or rights in reserve lands, are recorded. Assistance (2) The First Nation shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).
First Nations Fiscal Management Act Adaptation Regulations — 6.1
Request for copies — other revenues of a First Nation 6.1 (1) At any time after the Board gives a notice under subsection 52.1(1) or 53.1(1) of the Act and while a co-management arrangement in respect of the First Nation’s other revenues or third-party management of its other revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5.1 from any person who possesses or has control over them, including (a) the First Nations Finance Authority; (b) a financial institution; (c) a law-making delegate; (d) any person who manages or controls other revenues capital assets; (e) the First Nation’s auditor; and (f) the person in charge of (i) the Reserve Land Register, the Surrendered and Designated Lands Register, the First Nation Lands Register , as defined in subsection 2(2) of the Framework Agreement on First Nation Land Management Act , or any register maintained by or for the First Nation in which reserve lands, or interests or rights in reserve lands, are recorded, or (ii) any provincial land registry in which reserve lands, or interests or rights in reserve lands, are recorded. Assistance (2) The First Nation shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).
First Nations Fiscal Management Act Adaptation Regulations — 6.2
Request for copies — other revenues of an Indigenous group 6.2 (1) At any time after the Board gives a notice under subsection 52.2(1) or 53.2(1) of the Act and while a co-management arrangement in respect of the Indigenous group’s other revenues or third-party management of its other revenues is in effect, the Board or a manager may, either orally or in writing, request copies of records or documents referred to in section 5.2 from any person who possesses or has control over them, including (a) the First Nations Finance Authority; (b) a financial institution; (c) a law-making delegate; (d) any person who manages or controls other revenues capital assets; (e) the Indigenous group’s auditor; and (f) the person in charge of any land registry in which the Indigenous group’s lands are recorded. Assistance (2) The Indigenous group shall, on the request of the Board or manager, provide the Board or manager with any assistance that is necessary to enable them to obtain copies of records or documents under subsection (1).
First Nations Fiscal Management Act Adaptation Regulations — 7
Explanations — First Nation 7 (1) If a First Nation is required to provide records or documents under section 5 or 5.1, a councillor, employee, law-making delegate or representative of the First Nation shall, at the request of the Board or a manager, made orally or in writing, provide an explanation of the records or documents. Requirement to obtain information (2) If a councillor, employee, law-making delegate or representative of the First Nation is not able to provide the requested explanation, they shall, without delay, make every effort to obtain any information, records or documents that are necessary to provide the explanation.
First Nations Fiscal Management Act Adaptation Regulations — 7.1
Explanations — Indigenous group 7.1 (1) If an Indigenous group is required to provide records or documents under section 5.2, a member of a governing body of the Indigenous group or an employee, law-making delegate or representative of the Indigenous group shall, at the request of the Board or a manager, made orally or in writing, provide an explanation of the records or documents. Requirement to obtain information (2) If a member of a governing body of the Indigenous group or an employee, law-making delegate or representative of the Indigenous group is not able to provide the requested explanation, they shall, without delay, make every effort to obtain any information, records or documents that are necessary to provide the explanation.
First Nations Fiscal Management Act Adaptation Regulations — 8
Maintenance and return of records or documents 8 When the Board or a manager obtains records or documents from a First Nation or Indigenous group, or creates records or documents on behalf of a First Nation or Indigenous group, while a co-management arrangement or third-party management is in effect, the Board or the manager (a) shall maintain care and control over them until they are returned to the First Nation or Indigenous group; (b) may make and retain copies of them; and (c) subject to paragraph (b), shall return them to the First Nation or Indigenous group, without delay, on termination of the co-management arrangement or third-party management.
First Nations Fiscal Management Act Adaptation Regulations — 9
First Nation access to records or documents 9 On receipt of a written request from the council of the First Nation, the Board or a manager shall allow a representative of the council to inspect and copy records or documents referred to in section 8, on any terms and conditions that will ensure the security and safekeeping of the records or documents.
First Nations Fiscal Management Act Adaptation Regulations — 9.1
Indigenous group access to records or documents 9.1 On receipt of a written request from the Indigenous group, the Board or a manager shall allow a representative of a governing body of the Indigenous group to inspect and copy records or documents referred to in section 8, on any terms and conditions that will ensure the security and safekeeping of the records or documents.
First Nations Fiscal Management Act Adaptation Regulations — 10
Copy of order 10 (1) If an order is made under paragraph 52(2)(e), 52.1(2)(e) or 52.2(2)(e) of the Act requiring that cheques be co-signed by a manager, the Board or the manager shall provide a copy of the order to each financial institution with which the First Nation or Indigenous group has any ongoing financial arrangements. Revocation of order (2) If an order referred to in subsection (1) is revoked by the Board, the Board or a manager shall provide a copy of the revocation to each financial institution referred to in that subsection.
First Nations Fiscal Management Act Adaptation Regulations — 11
Notice to financial institutions 11 (1) If the Board assumes third-party management, the Board or a manager shall provide, to each financial institution with which the First Nation or Indigenous group has any ongoing financial arrangements, a copy of the notice of assumption of third-party management given by the Board to the council of the First Nation or to the Indigenous group. Signatories (2) The Board or a manager may, by written notice to a financial institution, authorize one or more individuals to act as signatory for a manager for the purposes of subsection (1) and establish the number of signatories required for any purpose. Notice of termination of third-party management (3) If third-party management is terminated by the Board, the Board or a manager shall provide a copy of the notice of termination to each financial institution referred to in subsection (1).
First Nations Fiscal Management Act Adaptation Regulations — 12
Application of Act and regulations to Board 12 For greater certainty, nothing in these Regulations exempts the Board, while acting in the place of the council of a First Nation under paragraph 53(2)(a) or (b) or 53.1(2)(a) or (b) of the Act or in the place of a governing body of an Indigenous group under paragraph 53.2(2)(a) or (b) of the Act, from complying with any of the requirements applicable to the council of the First Nation or to the Indigenous group under the Act and any regulations made under it.
First Nations Fiscal Management Act Adaptation Regulations — 12.1
Notice of law-making 12.1 (1) Before making a law under paragraph 53.2(2)(a) of the Act in relation to an Indigenous group named in Schedule 2 to the First Nations Fiscal Management Act Adaptation Regulations , the Board shall give 30 days’ written notice to the Indigenous group, the First Nations Finance Authority and the First Nations Tax Commission, accompanied by a copy of the proposed law, an indication of the timing of the making of the law and the reasons that the Board intends to make the law. Exception (2) Subsection (1) does not apply if the Board is of the opinion that giving the notice would obstruct its ability to take timely and necessary actions to remedy the situation for which third-party management was required. Written representations (3) Within 15 days after the day on which the notice is received or any longer period permitted by the Board, the Indigenous group may make written representations to the Board regarding the proposed law and its timing. Conditions for law-making (4) Before making the law, the Board shall (a) consider any representations made by the Indigenous group; (b) ensure that the requirements of this section are met; and (c) in the case of a law respecting financial administration, ensure that the law complies, in all material respects, with the standards established under paragraph 55(1)(a.1) of the Act. Meeting of board of directors (5) The making of the law shall take place at a meeting of the board of directors of the Board, held in accordance with the board of directors’ rules. Making of law (6) The making of the law shall be effected by the passing of a resolution. Copy to Indigenous group (7) No later than 15 days after the day on which the law is made, the Board shall provide the Indigenous group with a certified copy of the resolution and a copy of the law.
First Nations Fiscal Management Act Adaptation Regulations — 13
Scope of implementation 13 The implementation of a co-management arrangement or third-party management in respect of a First Nation or Indigenous group does not preclude the Board from (a) approving a financial administration law in respect of the First Nation made by its council under subsection 9(1) of the Act or made by the Board acting in the place of the council under paragraph 53(2)(a) or 53.1(2)(a) of the Act; (a.1) performing a review under subsection 15.1(6) of the Act; or (b) issuing a certificate to the First Nation or Indigenous group under subsection 50(3) of the Act or revoking it under subsection 50(4) of the Act.
First Nations Fiscal Management Act Adaptation Regulations — 14
Sharing of information 14 The Board or a manager may disclose any records, documents and other information, including records, documents and information obtained under these Regulations, that the Board or manager considers necessary to carry out co-management or third-party management effectively or to fulfil the objectives set out in section 15.
First Nations Fiscal Management Act Adaptation Regulations — 15
Cooperative management — local revenues 15 (1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its local revenues or has assumed third-party management of its local revenues, the Board shall work cooperatively with the council of the First Nation, the tax administrator and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its local revenues. Cooperative management — other revenues of a First Nation (1.1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its other revenues or has assumed third-party management of its other revenues, the Board shall work cooperatively with the council of the First Nation and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its other revenues. Cooperative management — other revenues of an Indigenous group (1.2) If the Board has required an Indigenous group to enter into a co-management arrangement in respect of its other revenues or has assumed third-party management of its other revenues, the Board shall work cooperatively with any governing body of the Indigenous group and any employee of the Indigenous group designated by the governing body to enable the Indigenous group to resume full responsibility for the management, control and administration of its other revenues. Interpretation (2) Subsections (1) to (1.2) do not limit or otherwise affect the powers and discretion of the Board in respect of the implementation of a co-management arrangement or of third-party management.
First Nations Fiscal Management Act Adaptation Regulations — 16
Remedial management plan — local revenues 16 (1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues or assuming third-party management of its local revenues, the Board or a manager shall review the available information relating to the First Nation’s local revenues and to its local revenue laws and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management. Remedial management plan — other revenues of a First Nation (1.1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues or assuming third-party management of its other revenues, the Board or a manager shall review the available information relating to the First Nation’s other revenues and to its laws made under section 8.1 of the Act and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management. Remedial management plan — other revenues of an Indigenous group (1.2) Within 60 days after requiring an Indigenous group to enter into a co-management arrangement in respect of the Indigenous group’s other revenues or assuming third-party management of its other revenues, the Board or a manager shall review the available information relating to the Indigenous group’s other revenues and to its laws respecting other revenues and provide the Indigenous group with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management. Content of plan (2) A remedial management plan may include a debt reduction plan, a budget or an expenditure plan. Continuing need (3) A remedial management plan shall indicate whether the Board is of the opinion that there is a continuing need for a co-management arrangement or third-party management.
First Nations Fiscal Management Act Adaptation Regulations — 17
Report 17 The Board shall provide a written report of the results of each review required under subsection 53(5), 53.1(7) or 53.2(7) of the Act.
First Nations Fiscal Management Act Adaptation Regulations — 18
Final report — First Nation 18 (1) Within six months after the termination of third-party management of a First Nation’s local revenues or other revenues, the Board or a manager shall provide the council of the First Nation with a written report that includes (a) a summary of any third-party management activities not previously reported on; (b) a summary or copy of all laws made by the Board acting in the place of the council of the First Nation under paragraph 53(2)(a) or 53.1(2)(a) of the Act; (c) a summary or copy of all agreements entered into or terminated by the Board in the course of implementing third-party management; (d) in the case of third-party management of the First Nation’s local revenues, a copy of the most recent audited financial report or the audited annual financial statements, as the case may be, that were made available to the Board under subsection 14(2) of the Act, and a statement of the revenues deposited to, and any expenditures from, the local revenue account, from the last day covered by the financial report or financial statements, as the case may be, to the most recent date possible; (d.1) in the case of third-party management of the First Nation’s other revenues, a copy of the most recent accounting information that was provided to the Board under section 14.1 of the Act, if applicable, and a statement of any deposits and expenditures of other revenues, from the last day covered by the accounting information to the most recent date possible; and (e) an update to the remedial management plan. Final report — Indigenous group (1.1) Within six months after the termination of third-party management of an Indigenous group’s other revenues, the Board or a manager shall provide the Indigenous group with a written report that includes (a) a summary of any third-party management activities not previously reported on; (b) a summary or copy of all laws made by the Board acting in the place of a governing body of the Indigenous group under paragraph 53.2(2)(a) of the Act; (c) a summary or copy of all agreements entered into or terminated by the Board in the course of implementing third-party management; (d) a copy of the most recent accounting information that was provided to the Board under section 15.3 of the Act, if applicable, and a statement of any deposits and expenditures of other revenues, from the last day covered by the accounting information to the most recent date possible; and (e) an update to the remedial management plan. Report (2) Within six months after the termination of co-management without assuming third-party management, the Board or a manager shall provide the council of the First Nation, or the Indigenous group, with a written report that includes (a) a summary of any co-management activities not previously reported on; and (b) an update to the remedial management plan.
First Nations Fiscal Management Act Adaptation Regulations — 19
Meeting to review reports 19 (1) Within 45 days after delivery to the council of the First Nation, or to the Indigenous group, of the remedial management plan provided under section 16 or a report provided under section 18, the council of the First Nation, or the Indigenous group, may deliver a written request to the Board or a manager to meet to review the plan or report. Time limit for meeting (2) Within 30 days after the date of the acknowledgement of receipt of the request, the Board or a manager shall meet with the council of the First Nation, or a representative of the Indigenous group, to review the plan or report and respond to questions about it.
First Nations Fiscal Management Act Adaptation Regulations — 20
Records of fees and disbursements 20 (1) The Board shall maintain records of disbursements made and of fees paid or payable by the Board to a manager and other persons in the course of implementing a co-management arrangement or third-party management. Invoices (2) The Board shall invoice the First Nation or Indigenous group, not more than once each month, for the amount of fees and disbursements that have been invoiced to the Board since the date of the last invoice rendered to the First Nation or Indigenous group under this subsection, plus 10% of that amount. Final invoice (3) After termination of a co-management arrangement or third-party management, the Board shall send a final invoice to the First Nation or Indigenous group within nine months after the date on which the notice of termination is given under subsection 52(3), 52.1(3), 52.2(3), 53(6), 53.1(8) or 53.2(8) of the Act, as the case may be. Form of invoices (4) Each invoice sent to the First Nation or Indigenous group shall set out the nature and amounts of the fees and disbursements and shall include a copy of any invoices received by the Board from a manager or the other persons referred to in subsection (1). Debt (5) The First Nation or Indigenous group shall pay to the Board the amounts that have been invoiced under this section within 30 days after the day on which each invoice is received or within any longer period that is agreed to by the Board and the First Nation or Indigenous group.
First Nations Fiscal Management Act Adaptation Regulations — 20.1
Funding of required interventions 20.1 (1) If the following conditions are met, the Board shall give notice, in writing, to the First Nations Finance Authority, the First Nations Tax Commission and the Minister of the Board’s intention to send the Authority any invoices referred to in section 20 that have not been paid by the First Nation or Indigenous group before or on the day on which they are due: (a) the Board incurred the fees and disbursements set out in the invoices in the course of implementing a co-management arrangement or third-party management that was required by a notice referred to in subsection 86(4) or (5) of the Act; (b) the Board is of the opinion that the First Nation or Indigenous group does not have funds available to pay the invoices and that, if it were required to do so, it would go further into debt without any reasonable ability to discharge its debts; and (c) the Board does not have funds available to pay the invoices. Invoices to Authority (2) The Board may send the First Nations Finance Authority the invoices referred to in subsection (1) no earlier than 30 days after the day on which the notice is given to the Authority. Payment of invoices (3) Unless the First Nations Finance Authority receives a notice under subsection (4), it shall pay to the Board the amounts invoiced within 30 days after the day on which the invoices are received. Change of circumstances (4) If a condition set out in paragraph (1)(b) or (c) ceases to be met after the notice referred to in subsection (1) is given, the Board shall give notice of that fact in writing to the First Nations Finance Authority, the First Nations Tax Commission and the Minister.