Revenue Management Implementation Regulations (SOR/2007-245)

Marginal note:Maintenance and return of records or documents

8 When the Board or a manager obtains records or documents from a First Nation, or creates records or documents on behalf of a First Nation, while a co-management arrangement or third-party management is in effect, the Board or the manager

• (a) shall maintain care and control over them until they are returned to the First Nation;

• (b) may make and retain copies of them; and

• (c) subject to paragraph (b), shall return them to the First Nation, without delay, on termination of the co-management arrangement or third-party management.

Marginal note:First Nation access to records or documents

9 On receipt of a written request from the council of the First Nation, the Board or a manager shall allow a representative of the council to inspect and copy records or documents referred to in section 8, on any terms and conditions that will ensure the security and safekeeping of the records or documents.

Co-Management

Marginal note:Copy of order

• 10 (1) If an order is made under paragraph 52(2)(e) or 52.1(2)(e) of the Act requiring that cheques be co-signed by a manager, the Board or the manager shall provide a copy of the order to each financial institution with which the First Nation has any ongoing financial arrangements.

• Marginal note:Revocation of order

  (2) If an order referred to in subsection (1) is revoked by the Board, the Board or a manager shall provide a copy of the revocation to each financial institution referred to in that subsection.

Third-Party Management

Marginal note:Notice to financial institutions

• 11 (1) If the Board assumes third-party management, the Board or a manager shall provide, to each financial institution with which the First Nation has any ongoing financial arrangements, a copy of the notice of assumption of third-party management given by the Board to the council of the First Nation.

• Marginal note:Signatories

  (2) The Board or a manager may, by written notice to a financial institution, authorize one or more individuals to act as signatory for a manager for the purposes of subsection (1) and establish the number of signatories required for any purpose.

• Marginal note:Notice of termination of third-party management

  (3) If third-party management is terminated by the Board, the Board or a manager shall provide a copy of the notice of termination to each financial institution referred to in subsection (1).

Marginal note:Application of Act and regulations to Board

12 For greater certainty, nothing in these Regulations exempts the Board, while acting in the place of the council of a First Nation under paragraph 53(2)(a) or (b) or 53.1(2)(a) or (b) of the Act, from complying with any of the requirements applicable to the council of the First Nation under the Act and any regulations made under it.

Certification Powers of the Board

Marginal note:Scope of implementation

13 The implementation of a co-management arrangement or third-party management in respect of a First Nation does not preclude the Board from

• (a) approving a financial administration law in respect of the First Nation made by its council under subsection 9(1) of the Act or made by the Board acting in the place of the council under paragraph 53(2)(a) or 53.1(2)(a) of the Act; or

• (b) issuing a certificate to the First Nation under subsection 50(3) of the Act or revoking it under subsection 50(4) of the Act.

Communications

Marginal note:Sharing of information

14 The Board or a manager may disclose any records, documents and other information, including records, documents and information obtained under these Regulations, that the Board or manager considers necessary to carry out co-management or third-party management effectively or to fulfil the objectives set out in section 15.

Marginal note:Cooperative management — local revenues

• 15 (1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its local revenues or has assumed third-party management of its local revenues, the Board shall work cooperatively with the council of the First Nation, the tax administrator and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its local revenues.

• Marginal note:Cooperative management — other revenues

  (1.1) If the Board has required a First Nation to enter into a co-management arrangement in respect of its other revenues or has assumed third-party management of its other revenues, the Board shall work cooperatively with the council of the First Nation and any employee of the First Nation designated by the council to enable the First Nation to resume full responsibility for the management, control and administration of its other revenues.

• Marginal note:Interpretation

  (2) Subsections (1) and (1.1) do not limit or otherwise affect the powers and discretion of the Board in respect of the implementation of a co-management arrangement or of third-party management.

Remedial Management Plan and Reports

Marginal note:Remedial management plan — local revenues

• 16 (1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s local revenues or assuming third-party management of its local revenues, the Board or a manager shall review the available information relating to the First Nation’s local revenues and to its local revenue laws and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.

• Marginal note:Remedial management plan — other revenues

  (1.1) Within 60 days after requiring a First Nation to enter into a co-management arrangement in respect of the First Nation’s other revenues or assuming third-party management of its other revenues, the Board or a manager shall review the available information relating to the First Nation’s other revenues and to its laws made under section 8.1 of the Act and provide the council of the First Nation with a remedial management plan to address the matters that contributed to the assumption of co-management or third-party management.

• Marginal note:Content of plan

  (2) A remedial management plan may include a debt reduction plan, a budget or an expenditure plan.

• Marginal note:Continuing need

  (3) A remedial management plan shall indicate whether the Board is of the opinion that there is a continuing need for a co-management arrangement or third-party management.

Marginal note:Report

17 The Board shall provide a written report of the results of each review required under subsection 53(5) or 53.1(7) of the Act.

Marginal note:Final report

• 18 (1) Within six months after the termination of third-party management, the Board or a manager shall provide the council of the First Nation with a written report that includes

  • (a) a summary of any third-party management activities not previously reported on;

  • (b) a summary or copy of all laws made by the Board acting in the place of the council of the First Nation under paragraph 53(2)(a) or 53.1(2)(a) of the Act;

  • (c) a summary or copy of all agreements entered into or terminated by the Board in the course of implementing third-party management;

  • (d) in the case of third-party management of the First Nation’s local revenues, a copy of the most recent audited financial report or the audited annual financial statements, as the case may be, that were made available to the Board under subsection 14(2) of the Act, and a statement of the revenues deposited to, and any expenditures from, the local revenue account, from the last day covered by the financial report or financial statements, as the case may be, to the most recent date possible;

  • (d.1) in the case of third-party management of the First Nation’s other revenues, a copy of the most recent accounting information that was provided to the Board under section 14.1 of the Act, if applicable, and a statement of any deposits and expenditures of other revenues, from the last day covered by the accounting information to the most recent date possible; and

  • (e) an update to the remedial management plan.

• Marginal note:Report

  (2) Within six months after the termination of co-management without assuming third-party management, the Board or a manager shall provide the council of the First Nation with a written report that includes

  • (a) a summary of any co-management activities not previously reported on; and

  • (b) an update to the remedial management plan.

Marginal note:Meeting to review reports

• 19 (1) Within 45 days after delivery to the council of the First Nation of the remedial management plan or of a report provided under section 16 or 18, respectively, the council of the First Nation may deliver a written request to the Board or a manager to meet to review the plan or report.

• Marginal note:Time limit for meeting

  (2) Within 30 days after the date of the acknowledgement of receipt of the request, the Board or a manager shall meet with the council to review the plan or report and respond to questions about it.

Fees for Management Services

Marginal note:Records of fees and disbursements

• 20 (1) The Board shall maintain records of disbursements made and of fees paid or payable by the Board to a manager and other persons in the course of implementing a co-management arrangement or third-party management.

• Marginal note:Invoices

  (2) The Board shall invoice the First Nation, not more than once each month, for the amount of fees and disbursements that have been invoiced to the Board since the date of the last invoice rendered to the First Nation under this subsection, plus 10% of that amount.

• Marginal note:Final invoice

  (3) After termination of a co-management arrangement or third-party management, the Board shall send a final invoice to the First Nation within nine months after the date on which the notice of termination is given under subsection 52(3), 52.1(3), 53(6) or 53.1(8) of the Act, as the case may be.

• Marginal note:Form of invoices

  (4) Each invoice sent to the First Nation shall set out the nature and amounts of the fees and disbursements and shall include a copy of any invoices received by the Board from a manager or the other persons referred to in subsection (1).

• Marginal note:Debt

  (5) The First Nation shall pay to the Board the amounts that have been invoiced under this section within 30 days after the day on which each invoice is received or within any longer period that is agreed to by the Board and the First Nation.

Marginal note:Funding of required interventions

• 20.1 (1) If the following conditions are met, the Board shall give notice, in writing, to the First Nations Finance Authority, the First Nations Tax Commission and the Minister of the Board’s intention to send the Authority any invoices referred to in section 20 that have not been paid by the First Nation before or on the day on which they are due:

  • (a) the Board incurred the fees and disbursements set out in the invoices in the course of implementing a co-management arrangement or third-party management that was required by a notice referred to in subsection 86(4) or (5) of the Act;

  • (b) the Board is of the opinion that the First Nation does not have funds available to pay the invoices and that, if it were required to do so, it would go further into debt without any reasonable ability to discharge its debts; and

  • (c) the Board does not have funds available to pay the invoices.

• Marginal note:Invoices to Authority

  (2) The Board may send the First Nations Finance Authority the invoices referred to in subsection (1) no earlier than 30 days after the day on which the notice is given to the Authority.

• Marginal note:Payment of invoices

  (3) Unless the First Nations Finance Authority receives a notice under subsection (4), it shall pay to the Board the amounts invoiced within 30 days after the day on which the invoices are received.

• Marginal note:Change of circumstances

  (4) If a condition set out in paragraph (1)(b) or (c) ceases to be met after the notice referred to in subsection (1) is given, the Board shall give notice of that fact in writing to the First Nations Finance Authority, the First Nations Tax Commission and the Minister.

Notices and Orders

Marginal note:Written notices

• 21 (1) The following notices and orders given by the Board shall be in writing:

  • (a) a notice given to the council of a First Nation under subsection 52(1) or (3) or 52.1(1) or (3) of the Act;

  • (b) an order made under paragraph 52(2)(e) or 52.1(2)(e) of the Act and any revocation of the order;

  • (c) a notice given to the First Nations Finance Authority and the First Nations Tax Commission under subsection 52(5) or 52.1(5) of the Act;

  • (d) a notice given to the council of a First Nation under subsection 53(1) or (6) or 53.1(1) or (8) of the Act;

  • (e) a notice given to the Minister under subsection 53(1) or 53.1(1) of the Act; and

  • (f) a notice given to the First Nations Finance Authority and the First Nations Tax Commission under subsection 53(8) or 53.1(10) of the Act.

• Marginal note:Copy to Authority and Commission

  (1.1) The Board shall provide the First Nations Finance Authority and the First Nations Tax Commission with a copy of a notice given to the council of a First Nation under subsection 52(1) or (3), 52.1(1) or (3), 53(1) or (6) or 53.1(1) or (8) of the Act.

• Marginal note:Copy to the Minister

  (2) The Board shall provide the Minister with a copy of a notice given to the council of a First Nation under subsection 53(6) or 53.1(8) of the Act.