Part 2, Volume 158 #3
Highlights
- Three First Nations have been added to the First Nations Fiscal Management Act, enabling them to manage their finances, taxation, and access financing for development.
- The Brokenhead Ojibway Nation has opted out of the Indian Act’s election regime, adopting its custom election code to enhance governance autonomy.
- A Royal Proclamation has established Charles the Third as “King of Canada,” reflecting the updated royal titles in Canada.
Three First Nations Join First Nations Fiscal Management Act to Enhance Economic Development
The Minister of Crown-Indigenous Relations has approved an order to add the names of three First Nations—Binche Whut’en, Gitanyow, and Mikisew Cree First Nation—to the schedule of the First Nations Fiscal Management Act (FNFMA). This inclusion, requested by the bands themselves, allows these First Nations to access services provided by national First Nation institutions established under the FNFMA, such as the First Nations Finance Authority, the First Nations Tax Commission, and the First Nations Financial Management Board.
The FNFMA, in effect since April 1, 2006, aims to enhance economic development in First Nation communities by providing authority over financial management, property taxation, local revenues, and infrastructure financing. The newly added First Nations can now choose to implement property tax systems, seek certification for financial management, and access bond financing for community projects.
The order does not impose any costs and is part of a government initiative to support First Nations’ governance capacity for better economic development. It does not affect small businesses, nor does it have administrative cost implications under the one-for-one rule. There are no environmental impacts or gender-based analysis plus (GBA+) issues identified with this order. The rationale for the order is to enable the First Nations to build economic infrastructure, promote growth, and attract investment, thereby improving community well-being. There are no specific compliance, enforcement, or service standards associated with this initiative. [Source]
Brokenhead Ojibway Nation Adopts Custom Election Code, Opts Out of Indian Act Regime
The Brokenhead Ojibway Nation in Manitoba has decided to opt out of the Indian Act’s election regime and conduct its council elections based on its own community election code. This decision was made following a resolution by the council and a ratification vote by the community members, with the majority in favor of adopting the Brokenhead Ojibway Nation Custom Election Code. As a result, the Minister of Indigenous Services has revoked the application of the Indian Act’s election provisions for the Brokenhead Ojibway Nation through an order. The First Nation will now hold its council elections under its custom code, with the first election scheduled for April 18, 2024.
The change aims to enhance the First Nation’s governance autonomy and better address community needs. The Brokenhead Ojibway Nation will be responsible for its electoral process, and any disputes will be resolved according to its election code or through the courts. The transition supports the restoration of traditional governance and respects the voices of women, youth, elders, and other community subgroups. The Department of Indigenous Services will record election results but will not be involved in the election process or resolve appeals. The initiative aligns with the goal of self-determination for Indigenous communities and does not impose any costs on small businesses or require regulatory cooperation or alignment. A gender-based analysis indicates that the change may support greater diversity in leadership roles within the First Nation community. [Source]
New Royal Titles for Canada Proclaimed
The Royal Style and Titles Act of 2023 has led to the issuance of a Royal Proclamation under the Great Seal of Canada, establishing new royal titles for Canada. The proclamation declares Charles the Third as “King of Canada and His other Realms and Territories, Head of the Commonwealth.” This change is to be recognized and adhered to by Canadian subjects and all concerned parties. The proclamation is authorized by Mary May Simon, the Governor General and Commander-in-Chief of Canada, and is officially sealed and recorded. [Source]