Amendments to the First Nations Fiscal Management Act

Modernize FNTC's Mandate

To better support First Nations seeking to create local revenue laws beyond real property taxation, strengthen the education and capacity supports available, support local revenue based service agreements, and to offer advice to self-governing First Nations and other levels of government.

Expand the First Nations Financial Management Board's mandate

To complete the 2018 expansion of its services and certification standards for new client segments, including Tribal Councils and First Nation Treaty and Self-Governing groups.

First Nations Infrastructure Institute

To establish a national Indigenous-led organization under the FNFMA to support communities to achieve better and more sustainable infrastructure outcomes.

Data collection

To allow institutions to monitor growth and enhance their capacity to support evidence-based planning and decision-making on fiscal and economic objectives.

Enforcement

To provide First Nations with additional powers to ensure compliance with their local revenue laws.

Expanded Law Making Power

To allow First Nations to make laws respecting the provision of services provided on reserve lands by or on behalf of First Nations and to regulate, prohibit and impose requirements in respect of those services.

Lifting the Financing Secured by Other Revenues Regulation into the Act

To decrease the risk of inconsistencies between the act and regulations, and to simplify the process through which First Nations access capital through the regime.

Clarify the debt reserve fund

Combining the fund supported by Other Revenues with the fund supported by Local Revenues. Also, clarifying that only borrowing members with outstanding loans could be called upon to replenish the fund in circumstances that it had to be used.

Augmented terms

To update the renumeration of the Chairperson of the Financial Management Board to provide adequate compensation and changing the position from a part-time to full-time.

Virtual Meetings

To enable the First Nations Financial Management Board and the First Nations Tax Commission to conduct their annual meetings in a manner determined by their Board of Directors, including by partial electronic participation or entirely by electronic means.

Additional information: establishment of the First Nations Infrastructure Institute

• participation in the institute would be voluntary.
• support related to law-making, and other capacity support services and advice would be available to First Nations scheduled under the act. Indigenous groups as defined in s.50.1(1) of the act can also access capacity support services and advice
• the First Nations Infrastructure Institute (FNII) would:
  • be a center of infrastructure excellence, information, research and innovation
  • develop standards and tools adapted to the Indigenous context and support communities in the application of infrastructure best practices
  • build infrastructure planning, implementation and management capacity, transfer knowledge and provide certification and review services
  • assist FNFMA First Nations asserting infrastructure jurisdiction through new regulatory powers
  • partner with, and complement, regional Indigenous infrastructure delivery organizations

The First Nations Infrastructure

The Institute would be established under the FNFMA as a center of infrastructure excellence, information, standards, best practices and innovation that will provide capacity building services and tools to assist communities with the planning, development, procurement, implementation, ownership, management, operation and maintenance of their infrastructure.

The First Nations Infrastructure Institute would be an Indigenous-led, national center of excellence, which would assist Indigenous communities and organizations to improve infrastructure outcomes for their members.

Ongoing work

Proof-of-concept demonstration projects are underway with the Chippewas of Kettle and Stony Point, Sts'ailes and Paq'tnkek First Nations, the Atlantic First Nations Water Authority and the First Nations Health Authority. This work includes identifying different service requirements and informing the development of processes, procedures and standards and organizational design to complement and support the infrastructure service transfers to Indigenous organizations.

Available services

Participation in the First Nations Infrastructure Institute would be voluntary and clients would be able to choose amongst the suite of services offered by First Nations Infrastructure Institute based on their own needs.

Capacity development, technical and advisory support, certification, and monitoring services for infrastructure projects would be available to all Indigenous governments and entities. First Nations Infrastructure Institute would develop standards and tools adapted to the Indigenous context and support their clients in the implementation of industry best practices at all stages of infrastructure projects, including planning, development, use and maintenance.

First Nations Infrastructure Institute would also support interested First Nations governments scheduled to the FNFMA in assuming jurisdiction over their infrastructure and in establishing the related regulatory framework.

Collaborative approach

The First Nations Infrastructure Institute would be able to assist, partner with and complement regional Indigenous infrastructure delivery organizations. Interoperability with other FNFMA institutions would enable integrated regulatory powers.