2005, c. 9; 2012, c. 19, s. 658 First Nations Fiscal Management Act 2012, c. 19, s. 656 1 The long title of the  First Nations Fiscal Management Act  is replaced by the following: An Act to provide for powers of First Nations  respecting taxation, financial administration and the provision of services on reserve lands, to facilitate First Nations’ access to financing secured by local revenues or other revenues , to  establish  a First Nations Tax Commission, First Nations Financial Management Board, First Nations Finance Authority and  First Nations Infrastructure Institute  and to make consequential amendments to other Acts First Nations Fiscal Management Act Clause 1 : Existing text of the long title: An Act to provide for real property taxation powers of First Nations, to create a First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority and to make consequential amendments to other Acts 2012, c. 19, s. 657; 2018, c. 27, ss. 413(a)(E) and 414(b)(E) 2 The preamble to the Act is replaced by the following: Preamble Whereas the Government of Canada is committed to responding to, to the extent of its authority, Call to Action 44 in the Final Report of the Truth and Reconciliation Commission of Canada and implementing the United Nations Declaration on the Rights of Indigenous Peoples, including Articles 3 to 5, 20, 21 and 23 as they relate to the pursuit of economic growth in Indigenous communities and to economic reconciliation; Whereas early contact Indigenous peoples had innovative economic and trade systems supported by public infrastructure, tax systems, sharing practices and the development of trading languages to enable commerce across linguistically diverse regions; Whereas Indigenous languages have words for taxes and sharing, including the word “taksis” in the Chinook trading language; Whereas the Government of Canada has adopted a policy recognizing the inherent right of self-government as an Aboriginal right and providing for the negotiation of self-government; Whereas this Act is not intended to define the nature and scope of any right of self-government or to prejudge the outcome of any self-government negotiation; Whereas  First Nations governments  led an initiative in 1988 to  amend  the  Indian Act   in order to recognize  their jurisdiction over real property taxation; Whereas First Nations leaders led an initiative that resulted in the development of legislation that would enable First Nations to better exercise their jurisdiction with respect to taxation, financial administration and the provision of services on reserve lands and to participate in pooled debenture borrowing; Whereas economic development through the application of local revenues and other revenues to support borrowing on capital markets for the development of public infrastructure is available to other governments in Canada; Whereas  local revenue systems  on reserves should recognize both the interests of on-reserve taxpayers and the rights of members of First Nations communities; And  whereas First Nations and the Government of Canada  recognize  the benefits of establishing  Indigenous  institutions as part of a comprehensive fiscal  framework ; Clause 2 : Preamble text: Whereas the Government of Canada has adopted a policy recognizing the inherent right of self-government as an Aboriginal right and providing for the negotiation of self-government; Whereas this Act is not intended to define the nature and scope of any right of self-government or to prejudge the outcome of any self-government negotiation; Whereas the creation of national Aboriginal institutions will assist First Nations that choose to exercise real property taxation jurisdiction on reserve lands; Whereas economic development through the application of real property tax revenues and other local revenues to support borrowing on capital markets for the development of public infrastructure is available to other governments in Canada; Whereas real property taxation regimes on reserves should recognize both the interests of on-reserve taxpayers and the rights of members of First Nations communities; Whereas First Nations led an initiative that resulted in 1988 in an amendment to the  Indian Act  so that their jurisdiction over real property taxation on reserve could be exercised and the Indian Taxation Advisory Board was created to assist in the exercise of that jurisdiction; Whereas, in 1995, the First Nations Finance Authority Inc. was incorporated for the purposes of issuing debentures using real property tax revenues and providing investment opportunities; Whereas, by 1999, First Nations and the Government of Canada recognized the benefits of establishing statutory institutions as part of a comprehensive fiscal management system; And whereas First Nations have led an initiative culminating in the introduction of this Act; 2018, c. 27, par. 414(c)(E) 3 (1) The definition  third-party management  in subsection 2(1) of the English version of the Act is repealed. Clause 3 : (1) Existing text of the definition: third-party management  means the management of a First Nation’s local revenues under section 53. ( Version anglaise seulement ) (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: First Nations Infrastructure Institute  means the institute established under subsection 102(1). ( Institut des infrastructures des premières nations ) (2) New. (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: intermediate account  means an account established by a First Nation in which other revenues to be used for financing under this Act are deposited and out of which the First Nations Finance Authority is authorized to transfer such revenues to a secured revenues trust account. ( compte intermédiaire ) other revenues  means (a) tax revenues and fees imposed or collected by a First Nation under a law or agreement, other than (i) local revenues, and (ii) revenues from taxes administered by His Majesty in right of Canada on the First Nation’s behalf, including under the  First Nations Goods and Services Tax Act , unless an agreement between them specifically permits the use of the revenues as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied; (b) royalties payable to a First Nation under the  Framework Agreement , as defined in subsection 2(1) of the  Framework Agreement on First Nation Land Management Act , or under the  First Nations Oil and Gas and Moneys Management Act ; (c) royalties payable to His Majesty in right of Canada under the  Indian Act  or the  Indian Oil and Gas Act  on behalf of a First Nation that has assumed control of its moneys under the  First Nations Oil and Gas and Moneys Management Act ; (d) revenues that are from leases, permits or other instruments or acts authorizing the use of reserve land issued under the  Indian Act  and that a First Nation has assumed control of under the  First Nations Oil and Gas and Moneys Management Act ; (e) revenues from leases, permits or other instruments or acts authorizing the use of reserve land issued under the  Framework Agreement , as defined in subsection 2(1) of the  Framework Agreement on First Nation Land Management Act ; (f) revenues otherwise payable to a First Nation under any agreement with a person other than His Majesty in right of Canada — with the exception of revenues collected by His Majesty in right of Canada on the First Nation’s behalf unless an agreement between them specifically permits their use as security for a loan referred to in paragraph 74(b) and any other applicable conditions are satisfied; (g) revenues, other than local revenues, received by a First Nation from businesses wholly or partly owned by it, including dividends from shares owned by it; (h) transfers from a provincial, regional, municipal or local government to a First Nation; (i) transfers from His Majesty in right of Canada to a First Nation if the agreement governing the transfer specifically permits the use of the transfer as security for a loan referred to in paragraph 74(b) and if any other applicable conditions are satisfied; (j) interest earned by a First Nation on deposits, investments or loans, other than interest held by His Majesty in right of Canada on the First Nation’s behalf; and (k) revenues prescribed by regulation. ( autres recettes ) secured revenues trust account  means an account established by the First Nations Finance Authority and a First Nation in which other revenues to be used for financing under this Act are maintained. ( compte de recettes en fiducie garanti ) (3) New. (4) Section 2 of the Act is amended by adding the following after subsection (2): Extended meaning of “borrowing member” (2.1) For the purpose of sections 57, 59, 74, 77, 78, 83 and 84 and paragraph 89(c),  borrowing member  also means an Indigenous group, other than a band named in the schedule, or an organization referred to in paragraph 50.1(1)(e) that has been accepted as a borrowing member under a regulation made under section 141 or 141.1. Extended meaning of “borrowing member” — section 61 (2.2) For the purpose of section 61,  borrowing member  also means an Indigenous group, other than a band named in the schedule, that has been accepted as a borrowing member under a regulation made under section 141. (4) New. (5) Section 2 of the Act is amended by adding the following after subsection (3): Regulations (3.1) The Governor in Council may make regulations prescribing anything that is to be prescribed under paragraph (k) of the definition  other revenues . (5) New. 2018, c. 27, s. 414(E) 4 Section 4 of the Act is replaced by the following: Financial administration laws 4 The council of a First Nation may not make a law under paragraph 5(1)(d)  or 8.1(1)(a)  until the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and that law has been approved by the First Nations Financial Management Board. Clause 4 : Existing text of section 4: 4 The council of a First Nation may not make a law under paragraph 5(1)(d) until the council has made a law respecting the financial administration of the First Nation under paragraph 9(1)(a) and that law has been approved by the First Nations Financial Management Board. 2018, c. 27, s. 386(1) 5 (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following: Local revenue laws 5 (1) Subject to sections 4 and 6 and any regulations made under paragraph 36(1)(d), the council of a First Nation may make laws Clause 5 : (1) to (4) Relevant portion of subsection 5(1): 5 (1) Subject to subsections (2) to (5), sections 4 and 6 and any regulations made under paragraph 36(1)(d), the council of a First Nation may make laws ...   (d) respecting the borrowing of money from the First Nations Finance Authority, including any authorization to enter into a particular borrowing agreement with that Authority; (e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.1) in respect of outstanding taxes, charges or fees, including ...   (g) delegating to the First Nations Financial Management Board any other of the council’s powers that are required to give effect to a co-management arrangement entered into under section 52 or to give effect to third-party management of the First Nation’s local revenues. (2) Paragraph 5(1)(d) of the Act is replaced by the following: (d) respecting the borrowing of money from the First Nations Finance Authority  that is secured by local revenues , including any authorization to enter into a particular borrowing agreement with that Authority; 2015, c. 36, s. 178(2) (3) The portion of paragraph 5(1)(e) of the Act before subparagraph (i) is replaced by the following: (e) subject to any conditions and procedures prescribed by regulation, respecting the enforcement of laws made under paragraphs (a) and (a.1), including (4) Paragraph 5(1)(g) of the English version of the Act is replaced by the following: (g) delegating to the First Nations Financial Management Board any of the council’s other powers that are required to give effect to a co-management arrangement entered into under section 52 or to give effect to third-party management  under section 53 . (5) Section 5 of the Act is amended by adding the following after subsection (4): Application to competent court (5) The First Nation may apply to a court of competent jurisdiction for an order directing the person or entity named in the application to comply with a local revenue law, such as by (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or (b) doing anything that, in the opinion of the court, may prevent the contravention of that law. Collection — competent court (6) The First Nation may commence a proceeding in a court of competent jurisdiction to collect an amount owing to the First Nation under a local revenue law. Enforcement —  Framework Agreement on First Nation Land Management Act (6.1) If a First Nation has adopted a  land code  as defined in subsection 2(2) of the  Framework Agreement on First Nation Land Management Act  or the council of a First Nation has enacted a  First Nation law  as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.1(a) of the  Framework Agreement , as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a local revenue law. (5) New. 6 The Act is amended by adding the following after section 8: Other revenues laws 8.1 (1) The council of a First Nation may make laws (a) respecting the borrowing from the First Nations Finance Authority of money that is secured by other revenues, including any authorization to enter into a particular borrowing agreement with that Authority; (b) delegating to any person or body any of the council’s powers to make laws under paragraph (a); and (c) delegating to the First Nations Financial Management Board any of the council’s other powers that are required to give effect to a co-management arrangement entered into under section 52.1 or to give effect to third-party management under section 53.1. Coming into force (2) A law made under subsection (1) comes into force on the later of (a) the day of coming into force set out in the law, and (b) the day after the day on which it is made. Judicial notice (3) In any proceedings, judicial notice may be taken of laws made under subsection (1). Statutory Instruments Act (4) The  Statutory Instruments Act  does not apply in respect of laws made under subsection (1). Publication (5) The First Nation shall publish all laws made under paragraphs (1)(b) and (c) in the  First Nations Gazette . Clause 6 : New. 2018, c. 27, par. 414(h)(E) 7 The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following: Financial administration laws 9 (1) The council of a First Nation may make laws Clause 7 : Relevant portion of subsection 9(1): 9 (1) Subject to subsections (2) and (3), the council of a First Nation may make laws 2015, c. 36, s. 183 8 (1) The portion of subsection 11(1) of the Act before paragraph (b) is replaced by the following: No repeal by borrowing members 11 (1) A borrowing member  with an unpaid loan secured by local revenues  shall not repeal a property taxation law or a law made under paragraph 5(1)(a.1) unless (a) the revenues raised under that law, if any, are not being used as security for  any loan  obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or Clause 8 : (1) Relevant portion of subsection 11(1): 11 (1) A borrowing member shall not repeal a property taxation law or a law made under paragraph 5(1)(a.1) unless (a) the revenues raised under that law, if any, are not being used as security for financing obtained from the First Nations Finance Authority and the repeal of that law would not adversely affect the member’s obligations to the First Nations Finance Authority; or (2) Subsections 11(2) and (3) of the Act are replaced by the following: Priority to Authority (2) A law made under paragraph 5(1)(b) by a borrowing member  with an unpaid loan secured by local revenues  shall not authorize the expenditure of local revenues unless the borrowing member’s budget provides for the payment of all amounts payable to the First Nations Finance Authority during the budget period. Financial commitment (3) A  borrowing member  with an unpaid loan secured by local revenues  shall, in every year, reserve  the  local revenues  that  are required to ensure that all amounts authorized to be paid to the First Nations Finance Authority in the year  with respect to that loan  are actually paid in that year. (2) Existing text of subsections 11(2) and (3): (2) A law made under paragraph 5(1)(b) by a borrowing member shall not authorize the expenditure of local revenues unless the borrowing member’s budget provides for the payment of all amounts payable to the First Nations Finance Authority during the budget period. (3) The borrowing member shall, in every year, reserve such local revenues as are required to ensure that all amounts authorized to be paid to the First Nations Finance Authority in the year are actually paid in that year. 2018, c. 27, par. 414(m)(E) 9 Section 15 of the Act is replaced by the following: Reporting of other revenues 14.1 If a First Nation is using other revenues as security for a loan from the First Nations Finance Authority, the First Nation shall account for all of its other revenues — including other revenues that have not been used as security for the loan — separately from its other moneys, and shall provide that accounting information to the Authority and the First Nations Financial Management Board on request. Non-application of certain provisions 15 Paragraphs 83(1)(a) and (b) to (g) and section 84 of the  Indian Act  do not apply to a First Nation  and  any regulations made under paragraph 73(1)(m) of that Act do not apply to a First Nation in respect of the borrowing of money under a law made under paragraph 5(1)(d) or  8.1(1)(a) . Clause 9 : Existing text of section 15: 15 Paragraphs 83(1)(a) and (b) to (g) and section 84 of the  Indian Act  do not apply to a First Nation. In addition, any regulations made under paragraph 73(1)(m) of that Act do not apply to a First Nation in respect of the borrowing of money under a law made under paragraph 5(1)(d). 10 The definition  taxpayer  in section 16 of the Act is replaced by the following: taxpayer  means a person paying  taxes or fees  under a law  made under paragraph 5(1)(a) or (a.1) . ( contribuable ) Clause 10 : Existing text of the definition: taxpayer  means a person paying tax under a property taxation law. ( contribuable ) 2018, c. 27, par. 414(n)(E) 11 Subsection 20(5) of the Act is replaced by the following: Qualifications (5) The Commission shall be composed of  individuals  from across Canada, including members of First Nations, who are committed to the development of First Nations  local revenue systems  and who have the experience or capacity to enable the Commission to fulfil its mandate. Clause 11 : Existing text of subsection 20(5): (5) The Commission shall be composed of men and women from across Canada, including members of First Nations, who are committed to the development of a system of First Nations real property taxation and who have the experience or capacity to enable the Commission to fulfil its mandate. 12 Subsection 23(2) of the English version of the Act is replaced by the following: Expenses (2) The Chief Commissioner shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from  their  ordinary place of work. Other Commissioners shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence. Clause 12 : Existing text of subsection 23(2): (2) The Chief Commissioner shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from his or her ordinary place of work. Other Commissioners shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence. 2018, c. 27, par. 414(o)(E) 13 Paragraphs 29(a) to (i) of the Act are replaced by the following: (a) support and protect  the integrity of First Nations  local revenue  systems and promote common  approaches  to  those systems as part of the Canadian fiscal framework ; (b) support and promote the reconciliation, in  First Nations  local revenue  systems, of the interests of taxpayers with the responsibilities of councils to govern the affairs of First Nations; (c) support and promote positive relationships between First Nations and taxpayers, including through the provision of support services for the resolution of disputes related to First Nations local revenue systems; (d) assist First Nations in the exercise of their jurisdiction over  local revenues ; (e) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting the implementation and administration of First Nations local revenue systems, respecting First Nations economic growth and respecting the evolution of local revenue systems; (f) assist First Nations in  growing their economies and increasing their  local revenues; (g) promote transparency of First Nations local revenue systems and understanding of those systems by members of First Nations, taxpayers and the public; (h) conduct research and provide advice and information to the Government of Canada, including the Minister, regarding the future development and implementation of frameworks to support First Nations in exercising their jurisdiction over local revenues; (i) conduct research, analyze information and provide advice to support the development, implementation and administration of First Nations local revenue systems; (j) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to strengthen First Nations economies and support the development of legal and administrative frameworks to promote the evolution of their jurisdiction over local revenues; (k) support the negotiation, development and implementation of agreements related to First Nations local revenue systems; (l) provide services to any Indigenous group named in the schedule to any regulation made under section 141; and (m) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section. Clause 13 : Relevant portion of section 29: 29 The purposes of the Commission are to (a) ensure the integrity of the system of First Nations real property taxation and promote a common approach to First Nations real property taxation nationwide, having regard to variations in provincial real property taxation systems; (b) ensure that the real property taxation systems of First Nations reconcile the interests of taxpayers with the responsibilities of chiefs and councils to govern the affairs of First Nations; (c) prevent, or provide for the timely resolution of, disputes in relation to the application of local revenue laws; (d) assist First Nations in the exercise of their jurisdiction over real property taxation on reserve lands and build capacity in First Nations to administer their taxation systems; (e) develop training programs for First Nation real property tax administrators; (f) assist First Nations to achieve sustainable economic development through the generation of stable local revenues; (g) promote a transparent First Nations real property taxation regime that provides certainty to taxpayers; (h) promote understanding of the real property taxation systems of First Nations; and (i) provide advice to the Minister regarding future development of the framework within which local revenue laws are made. 2018, c. 27, s. 394(1) 14 (1) The portion of subsection 32(1) of the Act before paragraph (a) is replaced by the following: Restrictions 32 (1) The Commission shall not approve a law made under paragraph 5(1)(d)  with respect to a loan referred to in paragraph 74(a)  unless Clause 14 : (1) Relevant portion of subsection 32(1): 32 (1) The Commission shall not approve a law made under paragraph 5(1)(d) for financing of capital assets for the provision of local services on reserve lands unless ... (b) the First Nation has unutilized borrowing capacity. 2018, c. 27, par. 414(p)(E) (2) Paragraph 32(1)(b) of the Act is replaced by the following: (b) the First Nation has  sufficient  unutilized borrowing capacity  in respect of that loan . 2018, c. 27, s. 394(2) (3) The portion of subsection 32(2) of the Act before paragraph (a) is replaced by the following: Copy and certificate (2) On approving a law made by a First Nation under paragraph 5(1)(d)  with respect to a loan referred to in paragraph 74(a) , the Commission shall provide the First Nations Finance Authority with (3) Relevant portion of subsection 32(2): (2) On approving a law made by a First Nation under paragraph 5(1)(d) for financing of capital assets for the provision of local services on reserve lands, the Commission shall provide the First Nations Finance Authority with 2018, c. 27, s. 394(3) (4) Subsection 32(3) of the Act is replaced by the following: Notice of judicial review (3) If the Commission becomes 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. (4) Existing text of subsection 32(3): (3) If the Commission becomes aware that judicial review proceedings have been undertaken in respect of a law made by a First Nation under paragraph 5(1)(d) for financing of capital assets for the provision of local services on reserve lands, the Commission shall without delay inform the First Nations Finance Authority of those proceedings. 2018, c. 27, par. 414(q)(E) 15 (1) Paragraph 33(1)(a) of the Act is replaced by the following: (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, Clause 15 : (1) Relevant portion of subsection 33(1): 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 Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, 2018, c. 27, par. 414(q)(E) (2) Subsection 33(2) of the Act is replaced by the following: 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. (2) Existing text of subsection 33(2): (2) If the Commission is of the opinion that a First Nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, it shall conduct a review of the matter in accordance with the regulations. 2018, c. 27, par. 414(q)(E) (3) The portion of subsection 33(3) of the Act before paragraph (a) is replaced by the following: 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 (3) and (4) Relevant portion of subsection 33(3): (3) If, after conducting a review, the Commission considers that a First Nation has not complied with this Part or Part 1 or with a regulation made under either Part or section 141 or 142 or that a law has been unfairly or improperly applied, the Commission ... (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 or assume third-party management of the First Nation’s local revenues to remedy the situation. 2018, c. 27, par. 414(q)(E) (4) Paragraph 33(3)(b) of the Act is replaced by the following: (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. 16 The Act is amended by adding the following after section 35: 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, 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, 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, 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. Clause 16 : New. 17 (1) Section 41 of the Act is amended by adding the following after subsection (1): Indigenous directors (1.1) The Governor in Council shall endeavour to ensure that the majority of the directors are Indigenous. Clause 17 : (1) New. 2018, c. 27, par. 414(t)(E) (2) Subsection 41(4) of the Act is replaced by the following: Qualifications (4) The board of directors shall be composed of  individuals  from across Canada, including members of First Nations, who are committed to the strengthening of  the  financial management  of  First  Nations or of entities referred to in paragraphs 50.1(1)(a) to (c)  and who have the experience or capacity to enable the Board to fulfil its mandate. (2) Existing text of subsection 41(4): (4) The board of directors shall be composed of men and women from across Canada, including members of First Nations, who are committed to the strengthening of First Nation financial management and who have the experience or capacity to enable the Board to fulfil its mandate. 18 Section 44 of the Act is replaced by the following: Status 44 The Chairperson shall hold office on a full-time basis and the other  directors shall hold office on a part-time basis. Clause 18 : Existing text of section 44: 44 Directors shall hold office on a part-time basis. 19 Subsection 45(2) of the Act is replaced by the following: Expenses (2) The Chairperson  shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of  work .  Other  directors  shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence . Clause 19 : Existing text of subsection 45(2): (2) Directors shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of residence. 2018, c. 27, par. 414(u)(E) 20 (1) Paragraphs 49(a) to (c) of the Act are replaced by the following: (a) assist First Nations  and entities referred to in subsection 50.1(1)  in developing the capacity to meet their financial management requirements; (a.1) assist First Nations and entities referred to in subsection 50.1(1) in developing and implementing laws and by-laws respecting financial administration; (b) assist First Nations  and entities referred to in paragraphs 50.1(1)(a) to (c)  in their dealings  with different levels of  governments respecting financial management, including matters of accountability and shared fiscal responsibility; (c) assist First Nations  and entities referred to in paragraphs 50.1(1)(a) to (c)  in the development, implementation and improvement of financial relationships with financial institutions, business partners and  different levels of  governments, to enable the economic and social development of First Nations  and of those entities ; Clause 20 : (1) and (2) Relevant portion of section 49: 49 The purposes of the Board are to (a) assist First Nations in developing the capacity to meet their financial management requirements; (b) assist First Nations in their dealings with other governments respecting financial management, including matters of accountability and shared fiscal responsibility; (c) assist First Nations in the development, implementation and improvement of financial relationships with financial institutions, business partners and other governments, to enable the economic and social development of First Nations; ...   (g) provide financial monitoring services respecting First Nation financial management and financial performance; (h) provide co-management and third-party management services; and (i) provide advice, policy research and review and evaluative services on the development of fiscal arrangements between First Nations’ governments and other governments. 2018, c. 27, par. 414(u)(E) (2) Paragraphs 49(g) to (i) of the Act are replaced by the following: (g) provide monitoring  and reporting  services respecting financial management  systems  and financial performance; (g.1) provide First Nations and entities referred to in subsection 50.1(1) with monitoring and reporting services respecting the implementation of laws and by-laws respecting financial administration and the compliance of those laws and by-laws with applicable standards; (h) provide services  respecting the  co-management and third-party management  of local revenues and other revenues ; (i) provide advice, policy research and review and evaluative services on the development of fiscal arrangements between  different levels of  governments and First Nations,  as well as on the development of fiscal arrangements between different levels of governments and entities referred to in paragraphs 50.1(1)(a) to (c) ; (j) develop, implement, test and evaluate, as well as conduct research with respect to, proposals and pilot projects related to the purposes set out in the other paragraphs of this section; (k) assist First Nations, entities referred to in subsection 50.1(1), other levels of government and public and private organizations in the development and  implementation  of fiscal and economic proposals that contribute to responding to the Truth and Reconciliation Commission of Canada’s Calls to Action and to implementing the United Nations Declaration on the Rights of Indigenous Peoples; and (l) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section. 21 The Act is amended by adding the following after section 50: Review and monitoring 50.01 (1) On the request of a First Nation or under the terms of an agreement between a First Nation and any level of government, the Board may review or monitor (a) the implementation of laws of the First Nation respecting financial administration; (b) the compliance of those laws with the standards established under paragraph 55(1)(a); and (c) the First Nation’s compliance with the standards established under paragraph 55(1)(c) or (d). Report (2) On completion of a review, or from time to time while carrying out monitoring, the Board shall provide to the First Nation a report setting out its findings and any recommendations. Procedures (3) The Board may establish procedures respecting (a) the requests for review and monitoring referred to in subsection (1); (b) the review and monitoring referred to in subsection (1); and (c) the reports referred to in subsection (2). Statutory Instruments Act (4) The  Statutory Instruments Act  does not apply in respect of procedures established under subsection (3). Clause 21 : New. 2018, c. 27, s. 398 22 (1) Paragraphs 50.1(1)(c) and (d) of the English version of the Act are replaced by the following: (c) an  Indigenous  group that is a party to a treaty, land claims agreement or self-government agreement with Canada or with a province, or an entity established under, or as a result of, such a treaty or agreement; (d) an entity — owned or controlled by one or more First Nations or entities referred to in paragraph (a), (b) or (c) — whose mandate is primarily to promote the well-being or advancement of  Indigenous  people; or Clause 22 : (1) Relevant portion of subsection 50.1(1): 50.1 (1) On the request of any of the following entities, the Board may review the entity’s financial management system, financial performance or laws or by-laws respecting financial administration to determine whether it is in compliance, in all material respects, with the standards established under subsection (3): ...   (c) an Aboriginal group that is a party to a treaty, land claims agreement or self-government agreement with Canada or with a province, or an entity established under, or as a result of, such a treaty or agreement; (d) an entity — owned or controlled by one or more First Nations or entities referred to in paragraphs (a), (b) or (c) — whose mandate is primarily to promote the well-being or advancement of Aboriginal people; or ...   (e) a not-for-profit organization established to provide public services, including social welfare, housing, recreational, cultural, health or educational services, to Aboriginal groups or Aboriginal persons. 2018, c. 27, s. 398 (2) Paragraph 50.1(1)(e) of the Act is replaced by the following: (e) a not-for-profit organization established to provide public services to  Indigenous  groups or  Indigenous  persons, including  services with respect to  social welfare,  infrastructure , housing, recreational  or  cultural  activities , health or  education . 23 The Act is amended by adding the following after section 50.1: Review and monitoring 50.2 (1) On the request of an entity referred to in subsection 50.1(1) or under the terms of an agreement between such an entity and any level of government, the Board may review or monitor (a) the implementation of laws or by-laws made by the entity respecting financial administration; (b) the compliance of those laws or by-laws with the standards established under paragraph 50.1(3)(b); and (c) the entity’s compliance with the standards established under paragraph 50.1(3)(a). Report (2) On completion of a review, or from time to time while carrying out monitoring, the Board shall provide to the entity a report setting out its findings and any recommendations. Procedures (3) The Board may establish procedures respecting (a) the requests for review and monitoring referred to in subsection (1); (b) the review and monitoring referred to in subsection (1); and (c) the reports referred to in subsection (2). Statutory Instruments Act (4) The  Statutory Instruments Act  does not apply in respect of procedures established under subsection (3). Clause 23 : New. 2018, c. 27, par. 414(v)(E) 24 Section 51 of the Act is replaced by the following: Required intervention — local revenues 51 (1) On receipt of a notice from the First Nations Tax Commission under paragraph 33(3)(b) or from the First Nations Finance Authority under subsection 86(4), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52 or assume third-party management in accordance with section 53, as the Board sees fit. Required intervention — other revenues (2) On receipt of a notice from the First Nations Finance Authority under subsection 86(5), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52.1 or assume third-party management in accordance with section 53.1, as the Board sees fit. Clause 24 : Existing text of section 51: 51 On receipt of a notice from the First Nations Tax Commission under paragraph 33(3)(b) or from the First Nations Finance Authority under subsection 86(4), the Board shall either require the First Nation to enter into a co-management arrangement in accordance with section 52 or assume third-party management of the First Nation’s local revenues in accordance with section 53, as the Board sees fit. 2018, c. 27, par. 414(v)(E) 25 (1) Subsection 52(1) of the Act is replaced by the following: Imposed co-management — local revenues 52 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues, including its local revenue account, (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority  relating to a loan secured by local revenues ; or (b) if the Board has received  a  notice  under paragraph 33(3)(b) or subsection 86(4). Clause 25 : (1) Relevant portion of subsection 52(1): 52 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management  arrangement  in respect of the First Nation’s local revenues, including its local revenue account, (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority; or (b) on receipt of a request or demand to do so under paragraph 33(3)(b) or subsection 86(4). 2018, c. 27, par. 414(v)(E) (2) The portion of subsection 52(2) of the Act before paragraph (e) is replaced by the following: Powers (2) Under  the  co-management arrangement, the Board may (a) recommend amendments to a law of the First Nation made under  any of paragraphs 5(1)(a) to (f) or subsection 9(1) ; (b) recommend changes to the First Nation’s expenditures or budgets  with respect to its local revenues ; (c) recommend improvements to the First Nation’s financial management system  with respect to its local revenues ; (d) recommend changes to the delivery of programs and services  paid for out of the First Nation’s local revenues ; (2) and (3) Relevant portion of subsection 52(2): (2) Under a co-management arrangement, the Board may (a) recommend amendments to a law of the First Nation made under this Act; (b) recommend changes to the First Nation’s expenditures or budgets; (c) recommend improvements to the First Nation’s financial management system; (d) recommend changes to the delivery of programs and services; ...   (f) exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority. 2018, c. 27, par. 414(v)(E) (3) Paragraph 52(2)(f) of the Act is replaced by the following: (f) with respect to local revenues , exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority. 2018, c. 27, par. 414(v)(E) (4) The portion of subsection 52(3) of the Act before paragraph (d) is replaced by the following: Termination by Board (3) The Board may terminate  the  co-management arrangement on giving notice to  the  council of  the First Nation  that the Board is of the opinion that (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority  relating to a loan secured by local revenues ; (b) in the case of a  First Nation  that  was in default of a payment obligation to the First Nations Finance Authority  relating to a loan secured by local revenues , the First Nation has remedied the default; (c) the  co-management arrangement is no longer required; or (4) Relevant portion of subsection 52(3): (3) The Board may terminate a co-management arrangement with a First Nation on giving notice to its council that the Board is of the opinion that (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority; (b) where the First Nation was in default of a payment obligation to the First Nations Finance Authority, the First Nation has remedied the default; (c) a co-management arrangement requested or demanded under paragraph 33(3)(b) or subsection 86(4) is no longer required; or 2018, c. 27, par. 414(v)(E) (5) Subsection 52(5) of the Act is replaced by the following: Notice (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of  the  co-management arrangement. (5) Existing text of subsection 52(5): (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of a co-management arrangement. 26 The Act is amended by adding the following after section 52: Imposed co-management — other revenues 52.1 (1) The Board may, on giving notice to the council of a First Nation, require the First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority, (a) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or (b) if the Board has received a notice under subsection 86(5). Powers (2) Under the co-management arrangement, the Board may (a) recommend amendments to a law of the First Nation made under any of paragraphs 8.1(1)(a) or (b) or subsection 9(1); (b) recommend changes to the First Nation’s expenditures or budgets with respect to its other revenues; (c) recommend improvements to the First Nation’s financial management system with respect to its other revenues; (d) recommend changes to the delivery of programs and services that are paid for out of the First Nation’s other revenues; (e) order that expenditures of other revenues of the First Nation be approved by, or paid with cheques co-signed by, a manager appointed by the Board; and (f) with respect to other revenues, exercise any powers delegated to the Board under a law of the First Nation or under an agreement between the First Nation and the Board or the First Nation and the First Nations Finance Authority. Termination by Board (3) The Board may terminate the co-management arrangement on giving notice to the council of the First Nation that the Board is of the opinion that (a) there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; (b) in the case of a First Nation that was in default of a payment obligation to the First Nations Finance Authority relating to a loan secured by other revenues, the First Nation has remedied the default; (c) the co-management arrangement is no longer required; or (d) third-party management of the First Nation’s other revenues is required. Opinion final (4) An opinion given by the Board under this section is final and conclusive and is not subject to appeal. Notice (5) The Board shall advise the First Nations Finance Authority and the First Nations Tax Commission of the commencement or termination of the co-management arrangement. Clause 26 : New. 2018, c. 27, par. 414(w)(E) 27 (1) Subsection 53(1) of the Act is replaced by the following: Third-party management — local revenues 53 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s local revenues, including its local revenue account, (a) if, in the opinion of the Board,  the  co-management arrangement  entered into  under section 52 has not been effective; (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority  relating to a loan secured by local revenues ; or (c) if the Board has received  a  notice  under paragraph 33(3)(b) or subsection 86(4). Clause 27 : (1) Relevant portion of subsection 53(1): 53 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s local revenues, including its local revenue account, (a) if, in the opinion of the Board, a co-management arrangement under section 52 has not been effective; (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority; or (c) on receipt of a request or demand to do so under paragraph 33(3)(b) or subsection 86(4). 2018, c. 27, par. 414(w)(E) (2) The portion of subsection 53(2) of the English version of the Act before paragraph (a) is replaced by the following: Powers (2) If the Board assumes third-party management of the local revenues of a First Nation, the Board has the exclusive  authority  to (2) to (5) Relevant portion of subsection 53(2): (2) If the Board assumes third-party management of the local revenues of a First Nation, the Board has the exclusive right to ...   (b) act in the place of the council of the First Nation to (i) exercise any powers and fulfil any obligations of the council under this Act, the regulations made under this Act or any laws made under paragraphs 5(1)(a) to (e), ...   (iv) provide for the delivery of programs and services that are paid for out of local revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets; ...   (d) exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority. (3) Subparagraph 53(2)(b)(i) of the Act is replaced by the following: (i) with respect to local revenues,  exercise any powers and fulfil any obligations of the council under this Act,  including under  the regulations made under this Act, or  under  any laws made under paragraphs 5(1)(a) to (e)  and 9(1)(a) , (4) Subparagraph 53(2)(b)(iv) of the Act is replaced by the following: (iv) provide for the delivery of programs and services that are paid for out of  the First Nation’s  local revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets; 2018, c. 27, s. 399  (5) Paragraph 53(2)(d) of the Act is replaced by the following: (d) with respect to local revenues,  exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority. (6) Section 53 of the Act is amended by adding the following after subsection (5): Board not agent or mandatary (5.1) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority or the First Nations Tax Commission while exercising its exclusive authority under subsection (2). (6) New. 2018, c. 27, par. 414(w)(E) (7) Subsection 53(6) of the Act is replaced by the following: Termination by Board (6) The Board may terminate third-party management of a First Nation’s local revenues, on giving notice to the council of the First Nation, if (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority  relating to a loan secured by local revenues  and the Authority consents to the termination in writing; (b) in the case of a  First Nation  that  was in default of an obligation to the First Nations Finance Authority  relating to a loan secured by local revenues , it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing; (c) it is of the opinion that the situation for which third-party management of the First Nation’s local revenues was required has been remedied; or (d) in the case of third-party management that was imposed by the Board following receipt of a notice under subsection 86(4), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request. (7) Relevant portion of subsection 53(6): (6) The Board may terminate third-party management of a First Nation’s local revenues, on giving notice to the council of the First Nation, if (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority and the Authority consents to the termination in writing; (b) where the First Nation was in default of an obligation to the First Nations Finance Authority, it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing; or (c) it is of the opinion that the situation for which third-party management of the First Nation’s local revenues was required under paragraph 33(3)(b) or subsection 86(4) has been remedied. 28 The Act is amended by adding the following after section 53: Third-party management — other revenues 53.1 (1) The Board may, on giving notice to the council of a First Nation and to the Minister, assume management of the First Nation’s other revenues, including those that have not been used as security for a loan from the First Nations Finance Authority, (a) if, in the opinion of the Board, the co-management arrangement entered into under section 52.1 has not been effective; (b) if, in the opinion of the Board, there is a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues; or (c) if the Board has received a notice under subsection 86(5). Powers (2) If the Board assumes third-party management of the other revenues of a First Nation, the Board has the exclusive authority to (a) subject to subsection (5), act in the place of the council of the First Nation to make laws under paragraphs 8.1(1)(a) and (b) and subsection 9(1); (b) act in the place of the council of the First Nation to (i) with respect to other revenues, exercise any powers and fulfil any obligations of the council under this Act, including under the regulations made under this Act, or under any laws made under paragraph 8.1(1)(a) or 9(1)(a), (ii) manage the First Nation’s other revenues, (iii) manage assets of the First Nation that are generating other revenues, including by exercising any powers of the council to terminate an agreement, or enter into a new agreement, in respect of those assets, (iv) undertake any necessary borrowing for the purpose of remedying the situation for which third-party management was required, and (v) provide for the delivery of programs and services that are paid for out of the First Nation’s other revenues, manage assets related to those programs and services and enter into or terminate agreements in respect of those programs, services and assets; and (c) with respect to other revenues, exercise any powers or fulfil any obligations delegated to the Board under a law of the First Nation or an agreement between the First Nation and the Board or between the First Nation and the First Nations Finance Authority. Scope of power (3) In exercising the authority referred to in subparagraph (2)(b)(ii), the Board may manage other revenues of a First Nation that were received before, or that are received after, the Board assumes management of the First Nation’s other revenues, including those that are comingled with other moneys of the First Nation. However, the Board may not manage the First Nation’s other revenues that are in a secured revenues trust account or an intermediate account. Board not agent or mandatary (4) For greater certainty, the Board is not an agent or mandatary of the First Nations Finance Authority while exercising its exclusive authority under subsection (2). Delegation — consent of council required (5) The Board shall not make a law under paragraph 8.1(1)(b) or 9(1)(b) that delegates a power to a person or body to whom a power was not delegated at the time the Board assumed third-party management of the other revenues of a First Nation, unless the council of the First Nation gives its consent. Prohibition (6) The council of a First Nation shall not, during the time that the Board assumes third-party management of the First Nation’s other revenues, repeal any law made under paragraph 8.1(1)(c). Review every six months (7) If the Board has assumed third-party management of a First Nation’s other revenues, it shall review the need for third-party management at least once every six months and advise the First Nations Finance Authority, the First Nations Tax Commission and the council of the First Nation of the results of its review. Termination by Board (8) The Board may terminate third-party management of a First Nation’s other revenues, on giving notice to the council of the First Nation, if (a) it is of the opinion that there is no longer a serious risk that the First Nation will default on an obligation to the First Nations Finance Authority relating to a loan secured by other revenues and the Authority consents to the termination in writing; (b) in the case of a First Nation that was in default of an obligation to the First Nations Finance Authority relating to a loan secured by other revenues, it is of the opinion that the First Nation has remedied the default and the Authority consents to the termination in writing; (c) it is of the opinion that the situation for which third-party management of the First Nation’s other revenues was required has been remedied; or (d) in the case of third-party management that was imposed by the Board following receipt of a notice under subsection 86(5), the First Nations Finance Authority has, in writing, requested the termination and stated its reasons for the request. Opinion final (9) An opinion given by the Board under this section is final and conclusive and is not subject to appeal. Notice (10) The Board shall advise the First Nations Finance Authority and First Nations Tax Commission of the assumption or termination of third-party management of a First Nation’s other revenues. Clause 28 : New. 2018, c. 27, par. 414(x)(E) 29 Section 54 of the Act is replaced by the following: Required information 54 At the request of the Board, a First Nation shall provide to the Board any information about the First Nation’s financial management system and financial performance that the Board requires for a decision regarding a co-management arrangement or third-party management of the First Nation’s local revenues  or other revenues . Clause 29 : Existing text of section 54: 54 At the request of the Board, a First Nation that has made a local revenue law shall provide to the Board any information about the First Nation’s financial management system and financial performance that the Board requires for a decision regarding a co-management arrangement or third-party management of the First Nation’s local revenues. 2018, c. 27, par. 414(y)(E) 30 Paragraph 55(2)(c) of the Act is replaced by the following: (c) the implementation or termination of a co-management arrangement or third-party management of a First Nation’s local revenues  or other revenues . Clause 30 : Relevant portion of subsection 55(2): (2) The Board may establish procedures respecting ...   (c) the implementation or termination of a co-management arrangement or third-party management of a First Nation’s local revenues. 31 The Act is amended by adding the following after section 55: Data Collection, Analysis and Publication Functions and powers 55.1 (1) The Board may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes. No identifying information (2) The Board shall ensure that no First Nation, 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 Board makes publicly available under subsection (1). Exception (3) The Board is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, entity or individual to whom it relates consents to being identified. Information sharing agreements 55.2 The Board may enter into agreements with a First Nation, 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. Clause 31 : New. 2018, c. 27, par. 414(z)(E) 32 (1) Paragraph 56(a) of the Act is replaced by the following: (a) respecting the implementation of a co-management arrangement or third-party management of a First Nation’s local revenues  or other revenues , including the obligations of affected First Nations to provide access to financial records; and Clause 32 : (1) and (2) Relevant portion of section 56: 56 The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Board, make regulations (a) respecting the implementation of a co-management arrangement or third-party management of a First Nation’s local revenues, including the obligations of affected First Nations to provide access to financial records; and (b) fixing fees that the Board may charge for services, including fees to First Nations for co-management and third-party management services, and the manner in which the fees may be recovered. 2018, c. 27, par. 414(z)(E) (2) Paragraph 56(b) of the French version of the Act is replaced by the following: b) fixer les droits que peut imposer le Conseil relativement à la prestation de services, notamment les droits imposés aux premières nations pour les services de cogestion et de gestion, ainsi que les modalités de leur recouvrement. 2018, c. 27, s. 400 33 The portion of section 56.1 of the French version of the Act before paragraph (a) is replaced by the following: Règlements 56.1 Le gouverneur en conseil peut, afin de donner à une entité visée à l’un des alinéas 50.1(1)a) à e) la possibilité d’obtenir les services du Conseil — autres que des services de cogestion et de gestion —, prendre les règlements qu’il estime nécessaires, et notamment : Clause 33 : Relevant portion of section 56.1: 56.1 For the purpose of enabling an entity referred to in any of paragraphs 50.1(1)(a) to (e) to obtain the services of the Board, other than co-management and third-party management services, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations 34 The definitions  long-term loan  and  short-term loan  in section 57 of the Act are repealed. Clause 34 : Existing text of the definitions: long-term loan  means a loan the term of which is one year or longer. ( prêt à long terme ) short-term loan  means a loan the term of which is less than one year. ( prêt à court terme ) 2018, c. 27, s. 403(1) 35 (1) Subparagraphs 74(a)(i) to (iii) of the Act are replaced by the following: (i) loans that have terms of one year or longer to finance or refinance  capital assets for the provision of local services on reserve lands, or (ii) loans that have terms of less than one year  to meet cash-flow requirements for operating or capital purposes or to refinance a short-term debt incurred for capital purposes; Clause 35 : (1), (2) and (4) Relevant portion of section 74: 74 The purposes of the Authority are to (a) secure for its borrowing members, through the use of property tax revenues, (i) long-term financing or lease financing of capital assets for the provision of local services on reserve lands, or (ii) [Repealed, 2018, c. 27, s. 403] (iii) short-term financing to meet cash-flow requirements for operating or capital purposes under a law made under paragraph 5(1)(b), or to refinance a short-term debt incurred for capital purposes; ...   (b) secure for its borrowing members, through the use of other revenues prescribed by regulation, financing for any purpose prescribed by regulation; ...   (e) provide advice regarding the development of long-term financing mechanisms for First Nations. (2) Paragraph 74(b) of the Act is replaced by the following: (b) secure for its borrowing members, through the use of other revenues prescribed by regulation,  loans  for any purpose prescribed by regulation; (3) Paragraph 74(b) of the Act is replaced by the following: (b) secure for its borrowing members, through the use of other revenues, loans for any purpose that promotes a First Nation’s economic or social development, including loans for (i) capital assets that are to be wholly or partly owned by the First Nation, including capital assets for the provision of services, housing, plants, machinery, roads and buildings, (ii) rolling stock that is to be wholly or partly owned by the First Nation, (iii) land that is to be wholly or partly owned by the First Nation, (iv) shares or any other ownership interest in a corporation whose purpose includes the ownership, operation, management or sale of the products of power generating facilities, waste or wastewater treatment facilities or other public service utilities or facilities, and (v) short-term financing to meet cash flow requirements for capital purposes or to refinance a short-term debt incurred for capital purposes; 2018, c. 27, par. 414(z.2)(E) (4) Paragraph 74(e) of the Act is replaced by the following: (e) provide advice regarding the development of financing mechanisms for First Nations. 2015, c. 36, s. 195; 2018, c. 27, par. 414(z.3)(E) 36 Section 77 of the Act is replaced by the following: Ceasing to be borrowing member 77 A  borrowing member  that has obtained  a loan from the Authority  may cease to be a borrowing member only with the consent of all other borrowing members. Clause 36 : Existing text of section 77: 77 (1) A First Nation that has obtained financing secured by property tax revenues may cease to be a borrowing member only with the consent of all other borrowing members that have obtained financing secured by such revenues. (2) A First Nation that has obtained financing secured by other revenues may cease to be a borrowing member only with the consent of all other borrowing members that have obtained financing secured by such other revenues. 2015, c. 36, s. 196; 2018, c. 27, s. 404(F) and par. 414(z.4)(E) 37 Subsection 78(1) of the Act is replaced by the following: Priority 78 (1) If a  borrowing member  is insolvent, the Authority has priority over all other creditors of the  borrowing member  for  all  moneys that are authorized  or obligated  to be paid to the Authority under a law made  by the borrowing member ,  under this  Act,  including under the regulations , or  under  an agreement  relating to borrowing from the Authority , but the priority is only in respect of any debt that arises on or after the  day  on which the  borrowing member  receives the initial disbursement of the first loan that it obtained from the Authority. Clause 37 : Existing text of subsection 78(1): 78 (1) If a First Nation is insolvent, the Authority has priority over all other creditors of the First Nation for any moneys that are authorized to be paid to the Authority under a law made under paragraph 5(1)(b) or (d), under an agreement governing a secured revenues trust account or under the Act, but the priority is only in respect of any debt that arises on or after the date on which the First Nation receives the initial disbursement of the first loan that it obtained from the Authority. 2018, s. 27, s. 405 38 (1) Section 79 of the Act is replaced by the following: Limitations — loans 79 The Authority shall not make a loan to a borrowing member unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)(d)  in respect of that loan . Clause 38 : (1) Existing text of section 79: 79 The Authority shall not make a long-term loan to a borrowing member for the purpose of financing capital assets for the provision of local services on reserve lands unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)(d). (2) Section 79 of the Act is replaced by the following: Limitations — loans secured by property tax revenues 79 (1) The Authority shall not make a loan secured by property tax revenues to a borrowing member unless the First Nations Tax Commission has approved a law made by the borrowing member under paragraph 5(1)(d) in respect of that loan. Limitations — loans secured by other revenues (2) The Authority shall not make a loan secured by other revenues to a borrowing member unless (a) the borrowing member has made a law under paragraph 8.1(1)(a) in respect of that loan and forwarded a copy of it to the Authority; (b) the Authority is satisfied that the borrowing member has the ability to repay the loan; (c) the borrowing member has obtained a certificate respecting financial performance from the First Nations Financial Management Board under subsection 50(3) and forwarded a copy of it to the Authority; (d) the borrowing member and the Authority have established a secured revenues trust account that is (i) managed by a third party approved by the Authority, and (ii) subject to terms that require the third party managing the account to periodically pay to the Authority the amounts required to be paid to it under the borrowing agreement with the borrowing member, at the times set out in that agreement, before paying any remaining amount to the borrowing member; and (e) the borrowing member has required the payers of the other revenues being used to secure the loan to deposit those other revenues into the secured revenues trust account or an intermediate account during the period of the loan. Maintenance of registry and publication 79.1 The Authority shall maintain a registry of every law made under paragraph 8.1(1)(a) that is forwarded to it under paragraph 79(2)(a) and shall publish a copy of each law on an Internet website to be maintained by the Authority within 30 days after the day on which it is received. 2015, c. 36, s. 197 39 Sections 80 and 81 of the Act are replaced by the following: Restriction 80 A borrowing member that has obtained a loan  from the Authority that is  secured by property tax revenues  and has a term of one year or longer  shall not subsequently obtain  such  a loan from any other person  as long as the loan from the Authority remains unpaid . Limitations — short-term loans 81 The Authority shall not make a loan  that has a term of less than one year  to a borrowing member for a purpose described in subparagraph 74(a) (ii)  unless the loan is made in anticipation of local revenues set out in a law made by the borrowing member under paragraph 5(1)(b). Clause 39 : Existing text of sections 80 and 81: 80 A borrowing member that has obtained a long-term loan secured by property tax revenues from the Authority shall not subsequently obtain a long-term loan secured by property tax revenues from any other person. 81 The Authority shall not make a short-term loan to a borrowing member for a purpose described in subparagraph 74(a)(iii) unless the loan is made in anticipation of local revenues of the borrowing member set out in a law made under paragraph 5(1)(b). 2015, c. 36, s. 199  40 (1) Subsection 84(1) of the Act is replaced by the following: Debt reserve fund 84 (1) The Authority shall establish a debt reserve fund to make payments or sinking fund contributions for which insufficient moneys are available from borrowing members. Clause 40 : (1) Existing text of subsection 84(1): 84 (1) The Authority shall establish, to make payments or sinking fund contributions for which insufficient moneys are available from borrowing members, (a) a debt reserve fund solely for financing secured by property tax revenues; and (b) a debt reserve fund solely for financing secured by other revenues. 2015, c. 36, s. 199 (2) Subsection 84(2) of the Act is replaced by the following: Provisioning of fund (2) Subject to a regulation that fixes different percentages for the purposes of this subsection, the Authority shall withhold — and deposit in the corresponding debt reserve fund — 5% of the amount of any loan to a borrowing member that is secured by property tax revenues and of any loan to a borrowing member that is secured by other revenues. (2) and (3) Existing text of subsections 84(2) to (6): (2) Subject to a regulation that fixes different percentages for the purposes of this subsection, the Authority shall withhold 5% of the amount of any long-term loan to a borrowing member that is secured by property tax revenues and of any loan to a borrowing member that is secured by other revenues, regardless of the length of its term, and deposit that amount in the corresponding debt reserve fund. (2.1) However, the board of directors may, by resolution, reduce the percentage to be withheld from a loan under subsection (2) to a percentage that is not less than 1%, if the board of directors is satisfied that doing so would not have a negative impact on the Authority’s credit rating and the regulations do not fix a different percentage. (3) A separate account shall be kept for each security issued and for each borrowing member contributing to a debt reserve fund. (4) The funds of a debt reserve fund may be invested only in securities, investments or deposits referred to in paragraph 82(3)(a), (c) or (d) that mature or are callable within five years, 25% of which must be callable within 90 days. (5) If payments from a debt reserve fund reduce its balance (a) by less than 50% of the total amount contributed by borrowing members who have obtained financing for which that debt reserve fund was established, the Authority may, in accordance with the regulations, require those borrowing members to pay without delay amounts sufficient to replenish the debt reserve fund; and (b) by 50% or more of the total amount contributed by borrowing members who have obtained financing for which that debt reserve fund was established, the Authority shall, in accordance with the regulations, require those borrowing members to pay without delay amounts sufficient to replenish the debt reserve fund. (6) Money contributed by a borrowing member to a debt reserve fund, and any investment income received on it, that has not already been repaid to the borrowing member by the Authority shall be repaid when all obligations in respect of the security in respect of which the money was contributed have been satisfied. (3) Subsections 84(2) to (6) of the Act are replaced by the following: Provisioning of fund (2) The Authority shall withhold — and deposit in the debt reserve fund — 5% of the amount of any loan. Percentage withheld may be reduced by board (2.1) However, the board of directors may, by resolution, reduce the percentage to be withheld from a loan under subsection (2) to a percentage that is not less than 1%, if the board of directors is satisfied that doing so would not have a negative impact on the Authority’s credit rating. Separate account (3) A separate account shall be kept for each security issued and for each borrowing member contributing to the debt reserve fund. Investments (4) The funds of the debt reserve fund may be invested only in securities, investments or deposits referred to in paragraph 82(3)(a), (c) or (d) that mature or are callable within five years, 25% of which must be callable within 90 days. Liability for shortfall (5) The following rules apply if payments from the debt reserve fund reduce its balance: (a) if the balance is reduced by less than 50% of an amount determined in any manner prescribed by regulation, the Authority may, in accordance with the regulations, require borrowing members with unpaid loans to pay without delay amounts sufficient to replenish the debt reserve fund; and (b) if the balance is reduced by 50% or more of an amount determined in any manner prescribed by regulation, the Authority shall, in accordance with the regulations, require borrowing members with unpaid loans to pay without delay amounts sufficient to replenish the debt reserve fund. Repayment (6) Money contributed by a borrowing member to the debt reserve fund, and any investment income received on it, that has not already been repaid to the borrowing member by the Authority shall be repaid when all obligations in respect of the security for which the money was contributed have been satisfied. 41 (1) Subsection 86(3) of the Act is replaced by the following: Report (3) On receipt of a notice referred to in paragraph (1)(b) in respect of a failure related to an obligation other than payment, the First Nations Financial Management Board shall advise the Authority in writing of its opinion on the reasons for the failure and recommend any intervention under section 52 or 53,  in the case of an obligation relating to a loan secured by local revenues, or under section 52.1 or 53.1, in the case of an obligation relating to a loan secured by other revenues,  that it considers appropriate.  The Board must provide a copy of the report including its opinion and any recommendations to the First Nations Tax Commission. Clause 41 : (1) Existing text of subsection 86(3): (3) On receipt of a notice referred to in paragraph (1)(b) in respect of a failure related to an obligation other than payment, the First Nations Financial Management Board shall advise the Authority in  writing  of its opinion on the reasons for the failure and recommend any intervention under section 52 or 53 that it considers appropriate. 2018, c.27, par. 414(z.5)(E) (2) The portion of subsection 86(4) of the Act before paragraph (b) is replaced by the following: Required intervention (4) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member  in respect of its local revenues  or assume third-party management of  its  local revenues (a) if ,  with respect to a loan secured by local revenues , the borrowing member fails to make a payment to the Authority under a borrowing agreement with the Authority, or to pay a charge imposed by the Authority under this Part; or (b) if the Authority receives  a report of the Board under subsection (3) in respect of the borrowing member. (2) Relevant portion of subsection 86(4): (4) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member or assume third-party management of the First Nation’s local revenues (a) where the borrowing member fails to make a payment to the Authority under a borrowing agreement with the Authority, or to pay a charge imposed by the Authority under this Part; or (b) on receipt of a report of the Board under subsection (3) in respect of the borrowing member. (3) Section 86 of the Act is amended by adding the following after subsection (4): Required intervention (5) The Authority may, by notice in writing, require the First Nations Financial Management Board to either — at the Board’s discretion — impose a co-management arrangement on a borrowing member in respect of its other revenues or assume third-party management of its other revenues (a) if, with respect to a loan secured by other revenues, the borrowing member fails to make a payment to the Authority under a borrowing agreement with the Authority, or to pay a charge imposed by the Authority under this Part; or (b) if the Authority receives a report of the Board under subsection (3) in respect of the borrowing member. Copy to Commission (6) The Authority must provide a copy of the notices referred to in subsections (4) and (5) to the First Nations Tax Commission. (3) New. 2015, c. 36, s. 201 42 Paragraphs 89(a) and (b) of the Act are replaced by the following: (a) prescribing anything that is to be prescribed under subsection 82(1) and paragraphs  84(5)(a) and (b) , 85(3)(c) and (4)(b) and 87(2)(f); and Clause 42 : Relevant portion of section 89: 89 The Governor in Council may, on the recommendation of the Minister after consultation by the Minister with the Authority, make regulations (a) prescribing anything that is to be prescribed under subsection 82(1) and paragraphs 85(3)(c) and (4)(b) and 87(2)(f); (b) fixing a percentage in respect of an amount to be withheld from a loan under subsection 84(2), which may be a higher or lower percentage than the percentage set out in that subsection and may vary according to whether the loan is secured by property tax revenues or by other revenues; and 43 The Act is amended by adding the following after section 95: PART 5.1 First Nations Powers Respecting Services Definition of service 96 In this Part,  service  means a service provided on reserve lands by or on behalf of a First Nation, including in relation to the provision of water, wastewater management, drainage, waste management, animal control, recreation, transportation, telecommunications and energy. Laws respecting the provision of services 97 (1) The council of a First Nation may make laws respecting the provision of services and respecting infrastructure located on the First Nation’s reserve lands that is used in the provision of those services, including laws (a) regulating or prohibiting the provision of services; (b) imposing requirements and prohibitions with respect to infrastructure; and (c) respecting, subject to any conditions and procedures prescribed by regulation, the enforcement of laws made under this subsection, including by providing for measures to (i) require any person or entity to refrain from doing anything that constitutes or is directed toward the contravention of those laws, (ii) require any person or entity to do anything that may prevent or remedy the contravention of those laws, (iii) recover costs incurred by the First Nation in enforcing those laws and impose and recover interest and penalties with respect to those costs, (iv) create liens or, in Quebec, prior claims or legal hypothecs on reserve lands and on interests or rights in reserve lands, and (v) discontinue services. For greater certainty (2) For greater certainty, laws made under subsection (1) apply only on the reserve lands of the First Nation that made the laws. Non-compliance with measure (3) If a person or entity is not complying with a measure referred to in subparagraph (1)(c)(i) or (ii), the First Nation may take appropriate corrective measures at the expense of the person or entity. Application to competent court (4) The First Nation may apply to a court of competent jurisdiction for an order directing a person or entity named in the application to comply with a law made under subsection (1), such as by (a) refraining from doing anything that, in the opinion of the court, constitutes or is directed toward the contravention of that law; or (b) doing anything that, in the opinion of the court, may prevent the contravention of that law. Enforcement —  Framework Agreement on First Nation Land Management Act (5) If a First Nation has adopted a  land code  as defined in subsection 2(2) of the  Framework Agreement on First Nation Land Management Act  or the council of a First Nation has enacted a  First Nation law  as defined in subsection 2(1) of that Act, the First Nation may use any enforcement measure — other than a measure for the investigation or prosecution of an offence punishable on summary conviction referred to in paragraph 19.1(a) of the  Framework Agreement , as defined in subsection 2(1) of that Act — that is provided for in that land code or First Nation law to enforce a law made under subsection (1). Regulations (6) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the First Nations Infrastructure Institute, make regulations prescribing anything that is to be prescribed under paragraph (1)(c). Publication (7) The First Nation shall publish all laws made under subsection (1) in the  First Nations Gazette  and provide a copy of a law made under that subsection on request. Coming into force 98 A law made under subsection  97 (1) comes into force on the later of (a) the day of coming into force set out in the law, and (b) the day on which it is published in the  First Nations Gazette . Judicial notice 99 In any proceedings, judicial notice may be taken of a law made under subsection  97 (1). Statutory Instruments Act 100 The  Statutory Instruments Act  does not apply in respect of a law made under subsection  97 (1). PART 5.2 First Nations Infrastructure Institute Definition Definition of  Institute 101 In this Part,  Institute  means the First Nations Infrastructure Institute. Establishment and Organization of Institute Establishment 102 (1) There is established an institute, to be known as the First Nations Infrastructure Institute, to be managed by a board of directors consisting of ten directors, including a Chairperson and Vice-Chairperson. Capacity, rights, powers and privileges (2) The Institute has the capacity, rights, powers and privileges of a natural person, including the capacity to (a) enter into contracts; (b) acquire, hold and dispose of property or an interest or right in property, or lease property; (c) raise, invest or borrow money; and (d) sue and be sued. Not agent of His Majesty 103 The Institute is not an agent of His Majesty in right of Canada. Appointment of first directors 104 On the recommendation of the Minister, the Governor in Council shall appoint the first ten directors of the board of directors, including a Chairperson, who are to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Appointment of subsequent directors — Governor in Council 105 (1) On the recommendation of the Minister, the Governor in Council shall appoint three directors, including a Chairperson, to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause. Committee to advise Minister (2) The Minister may establish a committee to advise the Minister on the appointment of directors, other than the Chairperson, under subsection (1). This committee is to include representation from the board of directors. Appointment of subsequent directors — prescribed bodies (3) One or more bodies prescribed by regulation shall, in accordance with any rules and procedures established by the board of directors and subject to subparagraph 113(b)(ii), appoint seven additional directors to hold office during good behaviour for a term not exceeding five years, subject to removal by the board under section 108. Qualifications 106 The board of directors shall be composed of individuals from across Canada, including members of First Nations, who are committed to improving infrastructure outcomes for First Nations and entities referred to in subsection 50.1(1) and who have the experience or capacity to enable the Institute to fulfil its mandate. Election of Vice-Chairperson 107 The board of directors shall elect a Vice-Chairperson from among the directors. Removal of directors 108 The board of directors may remove a director appointed under subsection 105(3) for cause at any time in accordance with the rules and procedures established under subparagraph 113(b)(i). Reappointment 109 (1) Directors may be reappointed for a second or subsequent term of office. Continuation in office (2) Despite subsections 105(1) and (3), an appointed director continues to hold office until they are reappointed or their successor is appointed. Status 110 The Chairperson shall hold office on a full-time basis and the other  directors shall hold office on a part-time basis. Remuneration 111 (1) Directors shall be paid the remuneration determined by the Governor in Council. Expenses (2) The Chairperson shall be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from their ordinary place of work. Other directors shall be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence. Chairperson — functions 112 (1) The Chairperson is the chief executive officer of the Institute and has supervision over, and direction of, the work and staff of the Institute. Interim Chairperson (2) In the event of the absence or incapacity of the Chairperson, the Vice-Chairperson shall assume the duties and functions of the Chairperson. Powers of the board 113 The board of directors may (a) make any rules and procedures that it considers necessary for the conduct of its meetings; and (b) in respect of a director referred to in subsection 105(3), (i) make any rules and procedures that it considers necessary for their appointment or removal, (ii) determine additional qualifications necessary for their particular appointment, and (iii) establish the length of their term, which shall not exceed five years. Head office 113.1 The head office of the Institute shall be on reserve lands at a location determined by the board of directors. Staff 113.2 (1) The board of directors may (a) hire any staff that is necessary to conduct the work of the Institute; and (b) determine the duties of those persons and the conditions of their employment. Salaries and benefits (2) Persons hired under subsection (1) shall be paid the salary and benefits fixed by the board of directors. Purposes Mandate 113.3 The purposes of the Institute are to (a) assist First Nations and entities referred to in subsection 50.1(1) in planning, developing, procuring, owning, managing, operating and maintaining infrastructure, including by providing review, analysis, assessment, certification and monitoring services; (b) assist First Nations in the exercise of their jurisdiction over the provision of  services , as defined in section 96, and over infrastructure; (c) provide services or support the provision of services respecting asset management; (d) develop and deliver, and provide support for the development and delivery of, training and education services — and conduct research — respecting infrastructure and social, cultural, environmental, economic and fiscal sustainability; (e) support capacity development for infrastructure planning, development, procurement, management, operation, maintenance, funding and financing by First Nations and entities referred to in subsection 50.1(1); (f) advance options to assist First Nations and entities referred to in subsection 50.1(1) in developing and implementing approaches to support the stable, effective and long-term funding and financing of infrastructure; (g) collaborate with First Nations, Indigenous institutions and organizations and all levels of government to support the development of legal and administrative frameworks to improve the planning, development, procurement, management, operation and maintenance of infrastructure; (h) provide policy research services, review and evaluative services and advice to support First Nations and entities referred to in subsection 50.1(1) in developing fiscal frameworks and revenue streams to support the development, management, operation and maintenance of infrastructure; (i) conduct research and provide advice and information to the Government of Canada, including the Minister, on the development and implementation of frameworks to support the development of infrastructure that is socially, culturally, environmentally, economically and fiscally sustainable; and (j) collect data, publish statistical information and conduct research and analysis on matters related to the purposes set out in the other paragraphs of this section. Functions and Powers Powers 113.4 (1) In furtherance of its purposes, the Institute may enter into partnerships, agreements and other arrangements with local, regional, national and international organizations to provide services to First Nations and entities referred to in subsection 50.1(1). Provision of services (2) On the request of a First Nation or an entity referred to in subsection 50.1(1), the Institute may provide services relating to its purposes to that First Nation or entity, including (a) assistance in planning, developing, procuring, owning, operating and maintaining infrastructure; (b) project management support with respect to infrastructure; (c) the review of funding and financing options for infrastructure projects; and (d) support in asset management. Review of infrastructure project 113.5 (1) On the request of a First Nation or an entity referred to in subsection 50.1(1), the Institute may review an infrastructure project, or any aspect of an infrastructure project, involving that First Nation or entity for compliance with the standards established under subsection 113.8(1). Report (2) On completion of the review, the Institute shall provide to the First Nation or entity a report setting out (a) the scope of the review undertaken; and (b) an opinion as to whether the infrastructure project, or aspect of the infrastructure project, was in compliance with the standards or as to which aspects of the standards were not complied with. Issuance of certificate (3) If after completing the review the Institute is of the opinion that the infrastructure project, or the reviewed aspect, was in compliance, in all material respects, with the standards, it shall issue to the First Nation or entity a certificate to that effect. Revocation of certificate (4) The Institute may, on giving notice to the First Nation or entity, revoke the First Nation’s or the entity’s certificate if, on the basis of information available to the Institute, it is of the opinion that the certificate was issued on the basis of incomplete or incorrect information. Form and content (5) The Institute may determine the form and content of certificates issued under subsection (3), including any restrictions as to the purposes for which, and the persons by whom, they are intended to be used. Opinion final (6) An opinion of the Institute referred to in this section is final and conclusive and is not subject to appeal. Review for continued compliance 113.6 (1) On the request of a First Nation or an entity referred to in subsection 50.1(1), or under the terms of an agreement between any level of government and the First Nation or entity, the Institute may review an infrastructure project, or any aspect of an infrastructure project, for which it has issued a certificate under subsection 113.5(3) for continued compliance with the standards established under subsection 113.8(1). Report (2) On completion of the review, the Institute shall provide to the First Nation or entity a report setting out the scope of its review and its findings and any recommendations. Report final (3) The content of the report is final and conclusive and is not subject to appeal. Review of First Nation laws 113.7 (1) On the request of a First Nation, the Institute may review any law made by the council under subsection 97(1) for compliance with the standards established under subsection 113.8(1). Notification of compliance (2) If after completing the review the Institute is of the opinion that the law is in compliance, in all material respects, with the standards, it shall notify the First Nation of its opinion in writing. Standards and Procedures Standards 113.8 (1) The Institute may establish standards, not inconsistent with the regulations, respecting (a) the form and content of laws made under subsection 97(1); (b) the planning, developing, procuring, owning, managing, operating and maintaining infrastructure; (c) asset management; and (d) the certification and review of infrastructure projects. Procedures (2) The Institute may establish procedures respecting (a) reviews of laws made under subsection 97(1) and requests for such reviews; (b) the provision of services under subsection 113.4(2) and requests for such services; (c) reviews of infrastructure projects, requests for such reviews, and the issuance of certificates under section 113.5; and (d) reviews for continued compliance under section 113.6 and requests for such reviews. 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). First Nations Gazette (4) The Institute shall publish all standards established under subsection (1) and procedures established under subsection (2) in the  First Nations Gazette . Data Collection, Analysis and Publication Functions and powers 113.9 (1) The Institute may, on matters within the scope of its purposes, collect, analyze, abstract and publish data for statistical purposes. No identifying information (2) The Institute shall ensure that no First Nation, 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 Institute makes publicly available under subsection (1). Exception (3) The Institute is not required to comply with subsection (2) if the information is already in the public domain or the First Nation, entity or individual to whom it relates consents to being identified. Information sharing agreements 113.91 The Institute may enter into agreements with a First Nation, 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 113.92 The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Institute, make regulations prescribing fees that the Institute may charge for services and the manner in which the fees may be recovered. Clause 43 : New. 44 (1) The definition  institution  in section 114 of the Act is replaced by the following: institution  means the First Nations Tax Commission, the First Nations Financial Management Board or  the First Nations Infrastructure Institute . ( institution ) Clause 44 : (1) Existing text of the definition: institution  means the First Nations Tax Commission or the First Nations Financial Management Board. ( institution ) (2) The definition  board of directors  in section 114 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) in respect of the First Nations Infrastructure Institute, the directors referred to in subsection 102(1). ( conseil d’administration ) (2) New. 45 (1) Subsection 118(1) of the Act is replaced by the following: Corporate plans 118 (1) Each institution shall, in accordance with any directions given by the Minister, establish a  five-year  corporate plan and  a  budget for each financial year and submit them to the Minister for approval. Clause 45 : (1) Existing text of subsection 118(1): 118 (1) Each institution shall, in accordance with any directions given by the Minister, establish a corporate plan and budget for each financial year and submit them to the Minister for approval. (2) Paragraphs 118(2)(b) and (c) of the Act are replaced by the following: (b) the institution’s objectives for the  five-year period to which the plan relates  and the strategy it intends to employ to achieve those objectives; and (c) the institution’s expected performance for  that five-year period  as compared to its objectives set out in the last corporate plan. (2) Relevant portion of subsection 118(2): (2) The corporate plan of each institution shall encompass all of the businesses and activities of the institution and include a statement of ...   (b) the institution’s objectives for the financial year and the strategy it intends to employ to achieve those objectives; and (c) the institution’s expected performance for the financial year as compared to its objectives for that year as set out in the last corporate plan. 46 (1) Subparagraph 120(2)(a)(iii) of the English version of the Act is replaced by the following: (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 Clause 46 : (1) and (2) Relevant portion of subsection 120(2): (2) A report under subsection (1) shall (a) include separate statements as to whether in the auditor’s opinion ...   (iii) the transactions of the institution that have come to the auditor’s notice in the course of his or her 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 his or her opinion, should be brought to the attention of the institution or the Minister. (2) Paragraph 120(2)(b) of the English version of the Act is replaced by the following: (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. 47 Subsection 122(1) of the English version of the Act is replaced by the following: 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. Clause 47 : Existing text of subsection 122(1): 122 (1) An examiner shall, on completion of a special examination in respect of an institution, submit a report on his or her findings, and a summary of that report, to the Minister and to the board of directors of the institution. 48 (1) Subsection 131(2) of the Act is replaced by the following: 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. Clause 48 : (1) Existing text of subsection 131(2): (2) An institution shall, at least 30 days before the annual meeting, publish a notice in a major newspaper setting out the time and location of the meeting and specifying that the institution’s annual report may be accessed on an Internet website to be maintained by the institution. (2) Paragraphs 131(3)(a) and (b) of the Act are replaced by the following: (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. (2) Relevant portion of subsection 131(3): (3) At the annual meeting, the board of directors shall ensure that (a) there are available a sufficient number of copies of the institution’s most recent annual report for those present at the meeting; and (b) the chief executive officer and the commissioners or directors of the institution are available to those present at the meeting to answer any questions about the institution’s operations. 2012, c. 19, ss. 661 and 662 49 Sections 132 to 134 of the Act are replaced by the following: 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. 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). 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). Clause 49 : Existing text of sections 132 to 134: 132 (1) No person who is appointed to, or is employed by, a commission, board or authority established under this Act shall be appointed to, or be employed by, any other commission, board or authority established under this Act. (2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person’s duties or take part in any matter involving the commission, board or authority in which that person has an interest. (3) All persons appointed to a commission or board established under this Act shall comply with the  Conflict of Interest Act  as though they were public office holders as defined in that Act. 133 (1) No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority arising from its exercise of, or its failure to exercise, any of the powers or functions of that Commission, Board or Authority, as the case may be, including any claim against the First Nations Tax Commission as an agent of Her Majesty in right of Canada. (2) The First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b). 134 No payment to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board or Authority to satisfy any claim referred to in subsection 133(1). 2018, c. 27, s. 410 50 Section 136 of the Act is replaced by the following: 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. Clause 50 : Existing text of section 136: 136 No civil proceedings lie against a commissioner or employee of the First Nations Tax Commission, a director or employee of the First Nations Financial Management Board or a person acting on behalf of the Commission or Board for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with this Act or regulations made under this Act. 2018, c. 27, s. 410 51 Section 136.1 of the Act is replaced by the following: 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. Clause 51 : Existing text of section 136.1: 136.1 Despite anything in federal or provincial law, if the First Nations Financial Management Board has required a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues in accordance with section 52 or has assumed management of a First Nation’s local revenues in accordance with section 53, 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, par. 414(z.6)(E) 52 (1) Subsection 138(1) of the Act is replaced by the following: Conflict with other laws 138 (1) In the event of a conflict between a local revenue law  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. Clause 52 : (1) Existing text of subsection 138(1): 138 (1) In the event of a conflict between a local revenue law 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. (2) Subsection 138(1) of the Act is replaced by the following: 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. 53 Subsection 139(2) of the Act is replaced by the following: Official languages (2) If  there is a significant 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. Clause 53 : Existing text of subsection 139(2): (2) Where there is a significant demand for services in a particular official language, the First Nations Financial Management Board and First Nations Finance Authority shall offer services in that language. 2015, c. 36, s. 202 54 Paragraphs 140(a) and (b) of the Act are replaced by the following: (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. Clause 54 : Relevant portion of section 140: 140 The Governor in Council may make regulations (a) prescribing anything that is to be prescribed under subsection 20(3) or 41(2) or section 116; and (b) respecting the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1), including the circumstances in which the Commission, Board or Authority would be exempt from that requirement. 2018, c. 27, s. 411 and par. 413(E) 55 (1) The portion of subsection 141(1) of the Act before paragraph (a) is replaced by the following: 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 Clause 55 : (1) Relevant portion of subsection 141(1): 141 (1) For the purpose of enabling an Aboriginal group that is not a band as defined in subsection 2(1) of the  Indian Act  but 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 2018, c. 27, s. 411 and par. 413(c)(E) (2) The portion of subsection 141(2) of the Act before paragraph (a) is replaced by the following: 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 (2) Relevant portion of subsection 141(2): (2) If the regulations made under subsection (1) include a schedule listing the Aboriginal groups that are subject to those regulations, the Minister may, by order, at the request of the governing body of an Aboriginal group referred to in that subsection, amend the schedule in order to 2018, c. 27, s. 411 and par. 413(c)(E) (3) Paragraphs 141(2)(a) and (b) of the English version of the Act are replaced by the following: (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. (3) Relevant portion of subsection 141(2): (2) If the regulations made under subsection (1) include a schedule listing the Aboriginal groups that are subject to those regulations, the Minister may, by order, at the request of the governing body of an Aboriginal group referred to in that subsection, amend the schedule in order to (a) add or change the name of the Aboriginal group; or (b) delete the name of the Aboriginal group, as long as there are no amounts owing by the Aboriginal group to the First Nations Finance Authority that remain unpaid. 2018, c. 27, s. 412 56 Section 141.1 of the Act is renumbered as subsection 141.1(1) and is amended by adding the following: 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. Clause 56 : New. 57 Section 142 of the Act is repealed. Clause 57 : Existing text of section 142: 142 The Governor in Council may make regulations (a) prescribing anything that is to be prescribed for the purposes of paragraph 74(b); and (b) adapting or restricting any provision of this Act or of any regulation made under this Act for the purposes of paragraph 74(b). Consequential Amendments R.S., c. A-1 Access to Information Act 58 Schedule I to the  Access to Information Act  is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: First Nations Infrastructure Institute Institut des infrastructures des premières nations R.S., c. P-21 Privacy Act 59 The schedule to the  Privacy Act  is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: First Nations Infrastructure Institute Institut des infrastructures des premières nations Transitional Provisions Transition to five-year plan 60 An  institution , as defined in section 114 of the  First Nations Fiscal Management Act , may, for the financial year following the day on which section  45  comes into force, establish a corporate plan in accordance with section 118 of that Act either as it read immediately before that day or as it reads on or after that day. Part 6 of  First Nations Fiscal Management Act 61 (1) Subsections 118(1), 120(4), 121(1) and 128(1), section 129 and subsection 130(1) of the  First Nations Fiscal Management Act  do not apply to the Institute or to its present or former directors, officers, employees or agents or mandataries until the first day of the second financial year following the financial year in which all the directors have been appointed under section 104 of that Act. Institute’s first annual meeting (2) Despite subsection 131(1) of the  First Nations Fiscal Management Act , the board of directors of the Institute must call its first annual meeting within 18 months after the first day of the second financial year following the financial year in which all the directors have been appointed under section 104 of that Act. Definition of  Institute (3) In this section,  Institute  has the same meaning as in subsection 101 of the  First Nations Fiscal Management Act . Section 83 of the  Indian Act By-laws approved 62 All by-laws made under subsection 83(1) of the  Indian Act  from July 15, 2019 to May 16, 2020 that received approval, in whole or in part, from the Minister of Crown-Indigenous Relations during that time are deemed to have received it instead from the Minister of Indigenous Services. Coming into Force Order in council 63 Subsections  3 (1), (3) and (5), section  4 , subsections  5 (2) and (4), sections  6 ,  9 ,  15  and  24  to  26 , subsections  27 (1), (2) and (4) to (7), sections  28  to  30 ,  32  and  33 , subsection  35 (3), section  36 , subsections  38 (2) and  40 (1) and (3), sections  41 ,  42  and  51 , subsection  52 (2) and section  57  come into force on a day or days to be fixed by order of the Governor in Council.