Adaptation Regulations (Proposed) for Self-Governing and Treaty First Nations (Financing Secured by Other Revenues), pursuant to the First Nations Fiscal Management Act
On this page
- Title or working title of the regulatory initiative
- Enabling act(s)
- Description
- Regulatory cooperation efforts (domestic and international)
- Potential impacts on Canadians, including businesses
- Consultations
- Further information
- Departmental contact information
- The date the regulatory initiative was first included in the Forward Regulatory Plan
- Find out more
Title or working title of the regulatory initiative
Adaptation Regulations (Proposed) for Self-Governing and Treaty First Nations (Financing Secured by Other 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 treaty First Nations to participate in the regime by adapting the Act to the context of self-governing and treaty First Nations.
Since 2006, when the act came into force, several self-governing First Nations have expressed an interest in participating via Adaptation Regulations for Financing Secured by Other Revenues.
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 the First Nations of the Maa-nulth Treaty Society, 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. The department is also working with First Nations who are currently negotiating treaties and self-government agreements and who have also expressed an interest in accessing or continuing their access to the Act regime.
Regulatory cooperation efforts (domestic and international)
There is an attempt being made to align the content of the proposed regulations with the laws of Tsawwassen First Nation, Tla'amin First Nation, the First Nations of Maa-nulth Treaty Society, other interested First Nations' laws, the Province of British Columbia and other interested jurisdictions. Consultations with stakeholders will inform this alignment.
Potential impacts on Canadians, including businesses
There are no expected impacts on businesses or Canadians as the proposed regulations will enable self-governing and treaty First Nations 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 First Nations.
Consultations
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 the First Nations of the Maa-nulth Treaty Society, 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 of the proposed regulations. Other interested self-governing or soon-to-be self-governing First Nations are also being engaged and could be added to the proposed regulations if they wish. A consultation draft was previously released but significant changes were requested by Modern Treaty groups. Broader engagement will occur in 2024-2025 once a revised consultation draft addressing stakeholder feedback is available.
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:
- a list of acts and regulations administered by Crown-Indigenous Relations and Northern Affairs Canada
- further information on Crown-Indigenous Relations and Northern Affairs Canada's implementation of government-wide regulatory management initiatives
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: