FEDERAL REG

SOR/2016-303: Schedule to the First Nations Fiscal Management Act — Order Amending First Nations Fiscal Management Act

REGISTRATION OF FEDERAL REGULATION - VIA PART II OF THE GAZETTE

Registered
November 29, 2016


REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues First Nations wishing to access the full array of services available through the national First Nation institutions created under the First Nations Fiscal Management Act, first require addition to the schedule to the First Nations Fiscal Management Act. Subsection 2(3) of the First Nations Fiscal Management Act... (Click for more)


House

1st Reading 2nd Reading 3rd Reading

Senate

1st Reading 2nd Reading 3rd Reading

Published on November 29, 2016

Bill Summary

SOR/2016-303: Schedule to the First Nations Fiscal Management Act — Order Amending First Nations Fiscal Management Act

REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Order.) Issues First Nations wishing to access the full array of services available through the national First Nation institutions created under the First Nations Fiscal Management Act, first require addition to the schedule to the First Nations Fiscal Management Act. Subsection 2(3) of the First Nations Fiscal Management Act states that, at the request of a First Nation, the Minister of Indian Affairs and Northern Development may add, change or delete the name of the First Nation from the schedule. The following seven First Nations have requested, via band council resolutions, to be added to the schedule to the First Nations Fiscal Management Act: Micmacs of Gesgapegiag in Quebec; Whitefish River First Nation in Ontario; Garden Hill First Nation and Opaskwayak Cree Nation in Manitoba; Little Shuswap Lake Indian Band and Skatin Nations in British Columbia; and Jean Marie River First Nation in Northwest Territories. Background The First Nations Fiscal Management Act (see footnote 2) came into force on April 1, 2006. It supports economic development and well-being in First Nation communities by enhancing First Nations property taxation, creating a First Nations bond financing regime and supporting First Nations’ capacity in financial management. These objectives are achieved through the national First Nation institutions established through the First Nations Fiscal Management Act. These institutions are the First Nations Finance Authority, the First Nations Tax Commission and the First Nations Financial Management Board. Objective By virtue of an order made under subsection 2(3) of the First Nations Fiscal Management Act by the Minister of Indian Affairs and Northern Development, the names of the seven aforementioned First Nations are added to the schedule to the Act. These First Nations will have the ability to access some or all of the services available under the First Nations Fiscal Management Act. The national First Nation institutions will work closely with First Nations who wish to implement property tax systems, strong financial management practices, and who wish to access the First Nations bond financing regime. Description The Order Amending the Schedule to the First Nations Fiscal Management Act, made pursuant to subsection 2(3) of the First Nations Fiscal Management Act, adds the names of the following First Nations to the schedule: Micmacs of Gesgapegiag, Whitefish River First Nation, Garden Hill First Nation, Opaskwayak Cree Nation, Little Shuswap Lake Indian Band, Skatin Nations and Jean Marie River First Nation. There are currently 197 First Nations on the schedule to the First Nations Fiscal Management Act. The addition of seven more First Nations will bring this total to 204. The First Nations may — should their governments so choose — impose property taxes and use property tax revenues or other revenues to invest in and support community projects under the framework of the First Nations Fiscal Management Act as an alternative to the existing property tax jurisdiction available to First Nations under section 83 of the Indian Act. First Nations who are added to the schedule to the First Nations Fiscal Management Act are also able to seek certification in the areas of financial performance and financial management systems. Once certified, First Nations may apply for access to a First Nations bond financing regime based on their property tax or other revenue streams. “One-for-One” Rule The “One-for-One” Rule does not apply to this Order, as it does not result in any administrative costs or savings for businesses. Small business lens The small business lens does not apply to this Order, as it does not impose any level of compliance and/or administrative costs on small businesses. Consultation Given that this Order implements a request by the seven aforementioned First Nations to come under the First Nations Fiscal Management Act, it was not considered necessary to undertake consultations over and above those already conducted by these First Nations with the residents of their communities. The national First Nation institutions will continue to work closely with all First Nations who have requested to be added to the schedule to the First Nations Fiscal Management Act. Rationale By joining the First Nations Fiscal Management Act, a First Nation may choose to implement a property tax system under the First Nations Fiscal Management Act, seek certification of its financial performance and financial management systems, and/or participate in a First Nations bond financing regime. These tools and services are provided to build economic infrastructure, promote economic growth and attract investment on reserve, thereby increasing the well-being of First Nations communities. Implementation, enforcement and service standards There are no compliance and enforcement requirements associated with this Order and no implementation or ongoing costs which can be directly associated with adding First Nations to the schedule to the First Nations Fiscal Management Act. Contacts For the First Nations Tax Commission Clarine Ostrove Legal Counsel c/o Mandell Pinder 422–1080 Mainland Street Vancouver, British Columbia V6B 2T4 Telephone: 604-681-4146 Fax: 604-681-0959 For Indigenous and Northern Affairs Canada Stefan Matiation Director Fiscal Policy and Investment Readiness Directorate Economic Research and Policy Development Branch 10 Wellington Street Gatineau, Quebec K1A 0H4 Telephone: 819-953-0103 Fax: 819-997-7054 Footnote a S.C. 2005, c. 9; S.C. 2012, c. 19, s. 658 Footnote b 2015, c. 36, s. 177(2) Footnote c S.C. 2005, c. 9; S.C. 2012, c. 19, s. 658 Footnote 1 S.C. 2005, c. 9; S.C. 2012, c. 19, s. 658 Footnote 2 The title was changed from the First Nations Fiscal and Statistical Management Act to the First Nations Fiscal Management Act on April 1, 2013, upon dissolution of the First Nations Statistical Institute.

This Bill does not amend any statutes.

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