Vol. 143, No. 21 — October 14, 2009

Registration

SOR/2009-284 October 1, 2009

FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT

Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act

P.C. 2009-1638 October 1, 2009

Whereas, in accordance with paragraph 2(3)(a) of the First Nations Fiscal and Statistical Management Act (see footnote a), the council of each band referred to in the annexed Order has requested that the name of the band be added to the schedule to that Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Indian Affairs and Northern Development, pursuant to paragraph 2(3)(a) of the First Nations Fiscal and Statistical Management Act (voir référence b), hereby makes the annexed Order Amending the Schedule to the First Nations Fiscal and Statistical Management Act.

ORDER AMENDING THE SCHEDULE TO THE FIRST NATIONS FISCAL AND STATISTICAL MANAGEMENT ACT

AMENDMENT

1. The schedule to the First Nations Fiscal and Statistical Management Act (see footnote 1) is amended by adding the following in alphabetical order:

Beaver Lake Cree Nation
Gitsegukla First Nation
Kahkewistahaw First Nation

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issue and objectives

A core group of First Nations led the development of the First Nations Fiscal and Statistical Management Act (the Act) which came into force on April 1, 2006. The Act establishes four institutions: 1) the First Nations Tax Commission; 2) the First Nations Finance Authority; 3) the First Nations Financial Management Board; and 4) the First Nations Statistical Institute. The objective of this legislation is to support economic development and well-being in First Nations’ communities.

In order to participate in the property tax regime established by the Act, a First Nation must appear in the Schedule to the Act. Pursuant to paragraph 2(3)(a) of the Act, the Governor General in Council may, at the request of the council of a First Nation, modify the Schedule by adding, correcting or deleting the name of that First Nation. Only First Nations that are currently bands pursuant to the Indian Act may make such a request.

Description and rationale

The following three First Nations, via Band Council Resolutions, have requested to be added to the Schedule to the First Nations Fiscal and Statistical Management Act: Beaver Lake Cree Nation (AB); Gitsegukla First Nation (BC); Kahkewistahaw First Nation (SK).

By opting into the property tax system, First Nations are better positioned to promote economic growth and more stable incomes for men and women resulting in a better quality of life for all community members. It does not relate to any construction or development on the lands and, as such, no environmental issues can arise as a result of adding First Nations to the Schedule to the Act.

Consistent with part VII of the Official Languages Act, official language minority communities are encouraged to participate in the property tax regime established under the Act.

These amendments do not set a precedent, nor do they impact the actions of another federal department or agency, or another level of government.

Consultation

Given that this Order implements requests by First Nations to come under the Act, it was not considered appropriate or necessary for the government of Canada to undertake consultations in respect of this Order over and above those already conducted by the First Nations in question with the residents of their reserves. Each band has formally submitted their request to be added to the Schedule through a Band Council Resolution.

Implementation, enforcement and service standards

There are no compliance and enforcement requirements associated with these amendments and no implementation or ongoing costs which can be directly associated with adding First Nations to the Schedule to the Act.

Contacts

For the First Nations Tax Commission

Wayne Haimila
Senior Counsel
First Nations Tax Commmission
321—345 Yellowhead Highway
Kamloops, British Columbia
V2H 1H1
Telephone: 250-828-9857
Fax: 250-828-9858

For Indian and Northern Affairs Canada

Brenda D. Kustra
Director General Governance Branch
Regional Operations
10 Wellington Street, 9th Floor
Gatineau, Quebec
K1A 0H4
Telephone: 819-997-8154
Fax: 819-997-9541

Footnote a
S.C. 2005, c. 9

Référence b
S.C. 2005, c. 9

Footnote 1
S.C. 2005, c. 9

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