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First Nations Fiscal Management Act

Version of section 36 from 2016-04-01 to 2018-12-12:

Marginal note:Regulations

  •  (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).

  • Marginal note:Inconsistencies

    (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

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