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First Nations Fiscal Management Act

Version of section 108 from 2006-04-01 to 2013-03-31:

Marginal note:Protection of information

  •  (1) Except for the purpose of communicating information in accordance with the conditions of an agreement made under section 106, for the conduct of a prosecution under this Act or for the purposes of subsection (2),

    • (a) no person, other than a person employed by, or under contract to, the Institute and sworn or affirmed under section 103, shall be permitted to examine any identifiable individ­ual return made for the purposes of this Part; and

    • (b) no person who has been sworn or affirmed under section 103 shall knowingly disclose any information obtained by the Institute that can be related to any identifiable individual, first nation, business or organization.

  • Marginal note:Permissible disclosure

    (2) The First Nations Chief Statistician may authorize the following information to be disclosed:

    • (a) information collected by persons, first nations, organizations or departments for their own purposes and communicated to the Institute, subject to the same secrecy requirements applicable to it when it was collected, and in the manner and to the extent agreed on by its collector and the First Nations Chief Statistician;

    • (b) information relating to a person, first nation, business or organization in respect of which disclosure is consented to in writing by that person, first nation, business or organization;

    • (c) information available to the public under an Act of Parliament or of the legislature of a province;

    • (d) information relating to a hospital, institution for individuals with a mental health disability, library, educational institution or other similar non-commercial institution that cannot be related to an individual to whom services were or are provided by that institution; and

    • (e) a list of businesses, showing

      • (i) their names and addresses,

      • (ii) the telephone numbers at which they may be reached in relation to statistical matters,

      • (iii) the official language in which they prefer to be addressed in relation to statistical matters,

      • (iv) the products they produce, transport, store, purchase or sell, or the services they provide, in the course of their business, or

      • (v) the number of persons they employ, as a specified range.

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