| 1. FIRST NATIONS LAND MANAGEMENT ACT (FNLMA):
The FNLMA, passed in 1999, allowed 14 First Nations to opt out of
certain Indian Act provisions to develop management regimes, subject
to many restrictions. The FNLMA was based on the commitment it would
only apply to the original charter group of 14 First Nations. INAC
is now proposing to amend the FNLMA to open it up to all First Nations
across Canada as a national standard or template. 2. INDIAN
CLAIMS BODY (ICB): INAC and First Nation representatives
have developed an Independent Claims Tribunal model with binding
authority over claims that will replace the specific claims commission.
INAC wants to cap the financial settlement authority of the Tribunal
to $5 million. There is a risk INAC will proceed to legislation
in spite of First Nation opposition to the cap.
3. FIRST NATIONS GOVERNANCE ACT (FNGA): INAC plans
to table the FNGA Bill to Cabinet on May 21 despite overwhelming
First Nation opposition. The FNGA will municipalize First Nations
through incorporation; impose national standards in areas of accountability,
elections, and local government structure; undermine the inherent
right of self-government guaranteed in section 35 of the Constitution
Act, 1982 and, will fundamentally alter our relationship with the
Crown as established by our ancestors.
4. FISCAL INSTITUTIONS According to INAC these
4 institutions are intended to strengthen First Nation fiscal capacity:
a) FIRST NATION TAX COMMISSION
- The proposal is to give a legislative mandate to the Indian Tax
Advisory Board (ITAB) which has been around since the Kamloops amendments
to section 83 of the Indian Act in 1988. This commission apparently
will provide alternative revenue sources. The pro-tax agenda is
only supported by a small number of First Nations. There is no justification
for national legislative entrenchment of this regional model.
b) FIRST NATION FINANCE AUTHORITY -The proposal
is to create a national Finance Authority through legislation to
clarify borrowing authority. The Authority would pool investment
funds and debt, possibly through First Nation bonds for trading
in the international market. There is a small number of First Nations
in BC involved in a municipal style investment operation. First
Nations would be expected to participate in local taxation schemes
approved by the Tax Commission.
c) FIRST NATION MANAGEMENT BOARD - The Board will
provide independent accounting and other services for First Nations.
It is likely the Board will harmonize the standards with those that
will be imposed through the FNGA. The Board would work closely with
the Tax Commission and the Finance Authority. This legislative model
is promoted by a small number of First Nations.
d) FIRST NATION STATISTICAL INSTITUTE - The proposal
is to legislate a Statistical Institute. First Nations involved
with the Tax Commission, Management Board and/or Finance Authority
will be required to provide information (eg. population and economic
growth) to the new Institute. It is likely that Canada will not
use this information to meet its Treaty and other constitutional
obligations. Rather, underlying it all is the taxation, own source
revenue, and accountability agenda of INAC, including the FNGA.
5. EDUCATION ACT: INAC is apparently considering
legislation on First Nation education. Little is known because First
Nation leaders and education experts have not been consulted. A
background factor may be the Social Union Framework, a federal/provincial
deal which called for the shifting of social and education programs.
There is a risk that any new legislation will reduce federal responsibility
for First Nation quality education.
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