FACT SHEET #1
Limited Fiscal Relations Mandate from AFN Resolutions
1. The original AFN Assembly resolution of 1996 authorized a fundamental
review of the bilateral fiscal relationship. The AFN was mandated
to conduct discussions with Canada based on this fundamental approach.
This same kind of radical restructuring, including a significant
increase federal cash transfers to First Nations, was called for
by the RCAP Report.
2. It does not appear that much in terms of implementation occurred
for about two years.
3. As of 1998, a handful of Assembly and Confederacy resolutions
indicate that the fiscal relations unit at the AFN began to focus
almost exclusively on the creation of small-scale fiscal “institutions”.
The Indian Tax Advisory Board (ITAB), dedicated to the promotion
of property taxation bylaws under sec. 83 of the Indian Act, worked
closely with the AFN. Not surprisingly, then, the fiscal relations
unit recommended, amongst other things, the creation of a Tax Commission,
as a successor to the ITAB.
4. The fiscal relations unit eventually promoted three other institutions,
i.e. the Financial Management Board, the Finance Authority, and
the Statistical Institute. AFN resolutions authorized conceptual
or developmental work on all of the institutions. However, the fiscal
institutions unit was not authorized to sign off on anything final
with the federal government.
5. At the Halifax General Assembly of 2001, the fiscal institutions
unit was authorized to develop draft legislation for the institutions,
subject to the draft being brought back to a Special or General
Assembly for approval, rejection, modification or deferral. The
Bill (the FNFSMA) will be considered for the first time at the Special
Assembly in Ottawa, November 19-20.
6. The fundamental re-evaluation of the bilateral fiscal relationship
mandated by the watershed 1996 Assembly resolution has never been
conducted. The FNFSMA institutional package does not deal with cash
transfer levels or the implementation of Treaty and Aboriginal rights.
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