Regulations Amending Certain Regulations Made Under the First Nations Fiscal Management Act (Miscellaneous Program): SOR/2024-277

Canada Gazette, Part II, Volume 159, Number 1

Registration
SOR/2024-277 December 16, 2024

FIRST NATIONS FISCAL MANAGEMENT ACT

P.C. 2024-1333 December 16, 2024

Her Excellency the Governor General in Council, on the recommendation of the Minister of Crown-Indigenous Relations, makes the annexed Regulations Amending Certain Regulations Made Under the First Nations Fiscal Management Act (Miscellaneous Program) under paragraphs 36(1)(a), (b)footnote a and (d)footnote a, 89(a) and 140(a)footnote b of the First Nations Fiscal Management Act footnote c.

Regulations Amending Certain Regulations Made Under the First Nations Fiscal Management Act (Miscellaneous Program)

First Nations Tax Commissioner Appointment Regulations

1 Section 1 of the First Nations Tax Commissioner Appointment Regulations footnote 1 is replaced by the following:

Named body

1 For the purposes of subsection 20(3) of the First Nations Fiscal Management Act, a commissioner shall be appointed by the Indigenous Law Centre at the University of Saskatchewan.

Short-term Pooled Investment Fund Regulations

2 Section 1 of the Short-term Pooled Investment Fund Regulations footnote 2 is replaced by the following:

Permitted investments

1 For the purposes of paragraph 87(2)(f) of the First Nations Fiscal Management Act, funds in a short-term pooled investment fund may be invested in pooled investment funds established by the Municipal Finance Authority of British Columbia under section 16 of the British Columbia Municipal Finance Authority Act, R.S.B.C. 1996, c. 325.

First Nations Tax Commission Review Procedures Regulations

3 The English version of the First Nations Tax Commission Review Procedures Regulations footnote 3 is amended by replacing "first nation" and "first nation’s" with "First Nation" and "First Nation’s", respectively, in the following provisions:

First Nations Assessment Appeal Regulations

4 Subsection 3(2) of the French version of the First Nations Assessment Appeal Regulations footnote 4 is replaced by the following:

Modification de l’évaluation

(2) Si, à la suite du réexamen, l’évaluateur modifie l’évaluation, il transmet un avis de la modification à l’administrateur fiscal et à toute autre personne ayant reçu l’avis d’évaluation initial.

5 The marginal note to section 6 of the English version of the Regulations is replaced by “Minimum appeal period”.

6 The marginal note to subsection 13.1(2) of the English version of Regulations is replaced by “Appeal period”.

7 The English version of the Regulations is amended by replacing "first nation" and "first nation’s" with "First Nation" and "First Nation’s", respectively, in the following provisions:

First Nations Assessment Inspection Regulations

8 The definition assessor in section 1 of the English version of the First Nations Assessment Inspection Regulations footnote 5 is replaced by the following:

assessor
means the person designated by a First Nation to conduct assessments of assessable property. (évaluateur)

First Nations Taxation Enforcement Regulations

9 The English version of the First Nations Taxation Enforcement Regulations footnote 6 is amended by replacing "first nation" and "first nation’s" with "First Nation" and "First Nation’s", respectively, in the following provisions:

First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations

10 The English version of the First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations footnote 7 is amended by replacing "first nation" with "First Nation" in the following provisions:

Credit Enhancement Fund Use Regulations

11 Section 1 of the Credit Enhancement Fund Use Regulations footnote 8 is replaced by the following:

1 In addition to the use permitted under paragraphs 85(3)(a) and (b) and 85(4)(a) of the First Nations Fiscal Management Act, the investment income and capital of the credit enhancement fund may be used to repay any debt arising in respect of any amounts paid to the Authority by His Majesty the King in right of Canada to provision the fund.

Coming into Force

12 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the regulations or the Order.)

Issues

The need for a number of minor technical amendments to regulations under the responsibilities of the Minister of Indigenous Services, the Minister of Crown-Indigenous Relations and the Minister of Northern Affairs have been identified.

Objective

The amendments have the following objectives:

Description and rationale

The following amendments are made to regulations under the First Nations Fiscal Management Act, Indian Act, First Nations Oil and Gas and Moneys Management Act and Territorial Lands Act, as well as to the Schedule to the Anishinabek Nation Education Agreement Act.

Schedule to the Anishinabek Nation Education Agreement Act

Credit Enhancement Fund Use Regulations (under the First Nations Fiscal Management Act)

First Nations Assessment Appeal Regulations (under the First Nations Fiscal Management Act)

First Nations Assessment Inspection Regulations (under the First Nations Fiscal Management Act)

First Nations Oil and Gas and Moneys Management Voting Regulations (under the First Nations Oil and Gas and Moneys Management Act)

First Nations Property Assessment and Taxation (Railway Rights-of-Way) Regulations (under the First Nations Fiscal Management Act)

First Nations Tax Commission Review Procedures Regulations (under the First Nations Fiscal Management Act)

First Nations Tax Commissioner Appointment Regulations (under the First Nations Fiscal Management Act)

First Nations Taxation Enforcement Regulations (under the First Nations Fiscal Management Act)

Indian Estates Regulations (under the Indian Act)

Indian Referendum Regulations (under the Indian Act)

Short-Term Pooled Investment Fund Regulations (under the First Nations Fiscal Management Act)

Territorial Coal Regulations (under the Territorial Lands Act)

Territorial Land Use Regulations (under the Territorial Lands Act)

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to business.

The small business lens does not apply to these amendments, as there are no costs to small businesses.

Contact

Irene Balite
Director
Legislative, Parliamentary and Regulatory Affairs
Indigenous Services Canada
25 Eddy Street, 14th Floor
Gatineau, Quebec
J8X 4B5
Telephone: 819‑230‑3678
Email: irene.balite2@sac-isc.gc.ca