Adaptation Regulations (Proposed) for Self-Governing and Treaty First Nations (Financing Secured by Tax Revenues), pursuant to the First Nations Fiscal Management Act

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Title or working title of the regulatory initiative

Adaptation Regulations (Proposed) for Self-Governing and Treaty First Nations (Financing Secured by Tax Revenues)

Enabling act(s)

First Nations Fiscal Management Act

Description

The First Nations Fiscal Management Act (the Act) provides a First Nations-led legislative and institutional framework to enable First Nations to exercise jurisdiction in the areas of property taxation and financial management, and to access financing on capital markets for infrastructure and economic development. Under section 141 of the Act, regulations can be made to allow Self-Governing and Modern Treaty Partners to participate in the regime by adapting the Act to their context.

The department has engaged Tsawwassen First Nation, Tla'amin First Nation and the First Nations of the Maa-nulth Treaty Society, and is continuing to work with Self-Governing and Modern Treaty Partners, the First Nations Finance Authority, the First Nations Financial Management Board, the First Nations Tax Commission and the Province of British Columbia on the content and form of the proposed regulations.

Potential impacts on Canadians, including business

There are no expected impacts on businesses or Canadians as the proposed regulations will enable Self-Governing and Modern Treaty Partners to opt into the act and access financing through the First Nations Finance Authority as borrowing members. As such, the proposed regulations will only impose a regulatory regime on opting-in Self-Governing and Modern Treaty Partners.

Regulatory cooperation efforts (domestic and international)

There is an attempt being made to align the content of the proposed regulations with the laws of Self-Governing and Modern Treaty Partners, the Province of British Columbia and other interested jurisdictions. Consultations with stakeholders will inform this alignment.

Consultations

Policy work on tax revenues is at an earlier stage than the proposed regulations for Other Revenues. Various forms of engagement and discussions have taken place over the last decade. In particular, the department has engaged Tsawwassen First Nation, Tla'amin First Nation and the First Nations of the Maa-nulth Treaty Society, and is continuing to work with Self-Governing and Modern Treaty Partners, the First Nations Financial Management Board, the First Nations Tax Commission and the province of British Columbia on the content of the proposed regulations. Engagement on these proposed regulations is expected to occur between 2026-2027 and 2028-2029.

Further information

Not applicable.

Departmental contact information

Andrea Dykstra
Director
Fiscal Policy and Investment Readiness Directorate
Indigenous Institutions and Governance Modernization Branch
Resolution and Partnerships Sector
Tel.: 343-596-4150
Email: andrea.dykstra@rcaanc-cirnac.gc.ca

The date the regulatory initiative was first included in the Forward Regulatory Plan

September 2013

Find out more

Consult Crown-Indigenous Relations and Northern Affairs Canada's Laws and Regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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