First Nations Fiscal Management Act
36 (1) The Governor in Council may, on the recommendation of the Minister made having regard to any representations by the Commission, make regulations
(a) prescribing anything that is to be prescribed under subparagraph 5(1)(a)(i), paragraph 5(1)(e) or (4)(a), subsection 5(7) or section 10;
(b) establishing procedures to be followed for the purposes of section 31 or 33, including procedures
(i) for requiring the production of documents from a first nation or person requesting a review under subsection 33(1),
(ii) for conducting hearings, and
(iii) authorizing the Commission to apply to a justice of the peace for a subpoena compelling a person to appear before the Commission to give evidence and bring any documents specified in the subpoena, and to pay associated travel expenses;
(c) prescribing fees to be charged by the Commission for services to first nations and other organizations; and
(d) respecting the exercise of the law-making powers of first nations under subsection 5(1).
Marginal note:Provincial differences
(2) Regulations made under paragraph (1)(a) may vary from province to province.
Marginal note:Authority to vary
(3) Regulations made under paragraph (1)(b) may authorize the Commission to
(a) vary the procedures to accommodate the customs or culture of a first nation in respect of which a hearing is being held;
(b) extend or shorten any period provided for in those regulations;
(c) dispense with compliance with any procedure provided for in the regulations in the interest of securing a just, expeditious and inexpensive hearing of a complaint; and
(d) delegate any of the powers of the Commission under section 31 or 33 to a panel consisting of one or more commissioners.
Marginal note:Designation of panels by Chief Commissioner
(3.1) Regulations made under paragraph (1)(b) may authorize or require the Chief Commissioner to designate the members of a panel for the purposes of the delegation of powers referred to in paragraph (3)(d).
(4) In the event of an inconsistency between a law made under subsection 5(1) and regulations made under subsection (1), the regulations prevail to the extent of the inconsistency.
- 2005, c. 9, s. 36
- 2015, c. 36, s. 190
- Date modified: