An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act

Sponsor

Marc Miller  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill.

This enactment amends the First Nations Fiscal Management Act to expand and modernize the mandates of the First Nations Tax Commission and the First Nations Financial Management Board in order to better reflect their current and future activities.
The enactment also establishes a First Nations Infrastructure Institute that will provide First Nations and other interested Indigenous groups and organizations with tools and support, including with respect to best practices, to implement and manage their infrastructure. It also provides First Nations named in the schedule to the First Nations Fiscal Management Act with the power to make laws to regulate services provided by or on behalf of the First Nations.
The enactment also aims to improve the functioning of that Act, including by integrating the content of the Financing Secured by Other Revenues Regulations , by combining into a single fund the debt reserve fund for financing secured by property tax revenues and the debt reserve fund for financing secured by other revenues and by simplifying the way certain Indigenous groups participate in pooled-borrowing.
Finally, the enactment makes consequential amendments to the Access to Information Act and to the Privacy Act and includes a clarification that addresses a transitional administrative oversight that followed the establishment in 2019 of the Department of Crown-Indigenous Relations and Northern Affairs and the Department of Indigenous Services.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-45s:

C-45 (2017) Law Cannabis Act
C-45 (2014) Law Appropriation Act No. 4, 2014-15
C-45 (2012) Law Jobs and Growth Act, 2012
C-45 (2010) Law Appropriation Act No. 3, 2010-2011
C-45 (2009) An Act to amend the Immigration and Refugee Protection Act
C-45 (2008) An Act to amend the National Defence Act and to make consequential amendments to other Acts

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

Sydney—Victoria Nova Scotia

Liberal

Jaime Battiste LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, I want to start off by thanking the Leader of the Opposition for his critics, who did a wonderful job in terms of making sure that we got this, in a timely manner, in front of us to debate. I agree with you; this is quite good in terms of common-sense legislation.

I would have to just kind of correct the member opposite. I know he does not often get up in the House to speak to indigenous issues, but when you use the term “our first nation” it comes across as possessive. Many first nations across Canada have said they do not want to be considered our possession or the possession of anyone.

The question I have concerns Bill C-69, which you talked about as an important thing. I agree with you when you say that indigenous communities are becoming far better places to do business. A lot of the time, when they are doing that business, indigenous communities are prioritizing what the impacts are on the environment. A lot of the things that we heard during UNDRIP were about communities wanting free, prior and informed consent when it comes to development on their area. That does not mean that they are against development but that they are for sustainable development.

Do you stand with indigenous communities and their free, prior and—

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

The Deputy Speaker Chris d'Entremont

I just need to interrupt the member to make sure that he is asking the question through the Chair and not directly to the member. Rather than using “you” when asking a question, just try to run it through the Chair.

The hon. parliamentary secretary.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, I will take that into consideration. I get so much time to speak to you, as a former Nova Scotia MP. Rarely do I get to speak to the Leader of the Opposition.

The question was what your thoughts are around free, prior and informed consent for indigenous communities to be able to—

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

Some hon. members

Oh, oh!

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

The Deputy Speaker Chris d'Entremont

Again, I remind the hon. member.

The hon. parliamentary secretary has the floor.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Mr. Speaker, does the member opposite believe that the free, prior and informed consent of indigenous communities is important when it advances sustainable development?

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:05 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, first of all, I agree with the member when he says that the two shadow ministers, one of Crown-indigenous relations and the other of indigenous services, for the official opposition, the member for Haliburton—Kawartha Lakes—Brock and the member for Desnethé—Missinippi—Churchill River, have done a fantastic job in advancing and fighting for first nations across the country.

With respect to the debate on free, prior and informed consent, the Prime Minister does not agree with that. He is against it. We know that because he has cancelled projects where there is unanimous support. Teck's Frontier Project mine, for example, had all 20 first nations around it agreeing with the project, and the Prime Minister walked in and cancelled it. What he likes to do is use first nations as an attempt to block things from going ahead, because that is what he really wanted to do in the first place. It is not because he cares about their well-being, but because it is a rhetorical tool for his ideological, anti-development agenda.

I believe in listening to all first nations, including those that are in favour of projects. That is why we will work with those first nations to get things done and make sure they are the primary beneficiaries and the big winners when they do get done.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:10 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I would like to remind the member that first nations do not belong to the Conservative Party and to refrain from saying “our first nations”, because first nations are self-governing nations that were here before Canada. I ask him to please remind his party to stop saying “our first nations” or “our indigenous peoples” in its terminology.

I do want to ask the member about first nations and what their priorities are. If first nations such as the Wet'suwet'en Hereditary Chiefs are rejecting mining projects, does that mean he supports all first nations, as he says, even if they reject mining projects?

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:10 p.m.

Conservative

Pierre Poilievre Conservative Carleton, ON

Mr. Speaker, she mentions the Wet'suwet'en. Twenty out of 20 Wet'suwet'en nations along the route of the Coastal GasLink pipeline are in favour. All of the elected first nations support the project, and the NDP goes against all of the elected first nations leaders and imposes the NPD's ideological agenda to try to block those opportunities. I disagree with the NDP when it takes away the land rights of first nations people in order to impose the extremist ideology of the NDP that prevents first nations from having opportunities and keeps them in poverty.

We believe in these projects like LNG Canada, the Coastal GasLink, the Haisla Nation's development of liquefied natural gas, and projects of so many other first nations that want to develop resources but have NDP politicians standing in the way. We stand on the side of first nations that want to get things done, and we do not stand with the NDP and its obstructions.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:10 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I am very pleased to rise to speak to Bill C-45, an act to amend the First Nations Fiscal Management Act and to make consequential amendments to other acts.

As the indigenous critic for and on behalf of the New Democrats, I say that we are very pleased to show our support for the passing of Bill C-45. I share my gratitude with Harold Calla, executive chair at the First Nations Financial Management Board; Manny Jules, chief commissioner of the First Nations Tax Commission; Ernie Daniels, president and chief executive officer of the First Nations Finance Authority; and Grant Christoff, general counsel at the First Nations Infrastructure Institute. The leadership they have shown is very important for the advancement of first nations, and their acknowledgement is well deserved.

We have heard from other parties that this is about economic freedom and about creating economic independence. That is not solely what it is for me. If there were true reconciliation and true economic independence, Inuit, first nations and Métis would be able to thrive off the land based on their expertise and knowledge of the land. If it were truly about reconciliation, indigenous peoples would have free, prior and informed consent right at the beginning of the free entry system, and indigenous peoples' questions would be appropriately responded to during consultations at the environmental assessment phases. Only if indigenous peoples' standards were met would any development on lands be allowed to happen, knowing that it would include benefiting indigenous peoples and not only the private sector. That is what economic reconciliation would look like.

What Bill C-45 would do is open doors for first nations that wish to use the same powers that municipalities all over Canada do. It would open up ways for first nations, tribal councils, modern treaty nations and self-governing groups that have opted in to build their administrative, financial and governance capacity through the risk-managed support of the First Nations Financial Management Board. It is so that first nations can make decisions about and seek supports for infrastructure developments.

Bill C-45 would create an indigenous-led first nations infrastructure institute. First nations opting in to the first nations infrastructure institute would see the doors open for them to make decisions about owning, building and maintaining infrastructure in their communities. Bill C-45 is sorely needed because of the years of Liberal and Conservative governments' failures to properly invest in first nations and their infrastructure needs. To date, it is reported that first nations now experience a staggering infrastructure gap of at least $30 billion.

Since my election and since becoming the indigenous critic for the New Democrats, whenever I meet with first nations, Métis and Inuit, including and especially my constituents in Nunavut, I hear frequently what the infrastructure needs are. First nations have decades-long water advisories, mercury poisoning, few to no health and well-being treatment centres, and school and, especially, housing needs that fall well below the investments people see and hear about in the rest of Canada. Since the government continues to fail in meeting the most basic infrastructure needs, my hope is that the passage of Bill C-45 would make those improvements. First nations would see significant gains. If there were schools in first nations communities like Kluane First Nation in the Yukon, for which it has been asking for years, this bill would not be necessary.

Bill C-45 would not absolve government's responsibilities to uphold treaty rights. It would not absolve government's responsibilities to ensure reconciliation.

Amendments to the current and other acts would include, among others, better supports for first nations seeking to create local revenue laws beyond real property taxation, strengthening the education and capacity supports available currently, supporting local revenue-based service agreements, and offering advice to self-governing first nations and other levels of government.

Bill C-45 would expand and modernize the First Nations Financial Management Board's mandate by completing the 2018 expansion of services and certification standards for new client segments, including tribal councils, and treaty and self-governing groups. It would also provide monitoring and review services.

It would create a full-time position on the First Nations Financial Management Board, establish a national indigenous-led organization under the First Nations Fiscal Management Act to achieve better and more sustainable infrastructure outcomes for first nations, expand law-making powers allowing first nations to make laws respecting the provision of services and to regulate, prohibit and impose requirements in respect of those services on reserve lands.

First nations would be given more authority and enforcement powers to ensure compliance with their local revenue and service laws. The bill would combine the fund supported by other revenues with the fund supported by local revenues. It clarifies that only borrowing members with outstanding loans could be called upon to replenish the fund in circumstances that it has used.

I repeat that this is not about economic reconciliation. First nations, Inuit and Métis were self-governing before colonialism. Through their self-governance, indigenous peoples had laws and management regimes that protected the wildlife and environment. Indigenous peoples respected important relationships with the land and with each other.

While colonial and genocidal policies continue, Inuit, first nations and Métis continue on a path of reconciliation. That relationship with the government is not reciprocal, not to the extent that will advance indigenous peoples' health and well-being.

Bill C-45 is a step to give powers to first nations to make choices and act without federal government assistance. As such, New Democrats support Bill C-45. New Democrats will continue to advocate for reconciliation that is meaningful to Inuit, first nations and Métis.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:20 p.m.

Sydney—Victoria Nova Scotia

Liberal

Jaime Battiste LiberalParliamentary Secretary to the Minister of Crown-Indigenous Relations

Mr. Speaker, I would like to thank the member opposite for her dedication and hard work on this file. I know she sits on the INAN committee with me. We have seen and heard of so many different indigenous communities from across Canada with some amazing ideas in terms of how to create economic wealth in a way that is sustainable. Within the powers of this act, we heard a lot about access to capital and indigenous communities needing access to capital to do all these great projects.

When indigenous people have access to capital, what are some of the amazing things they are able to accomplish in her riding and across Canada?

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:20 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I have heard some examples shared in our committee like more culturally appropriate facilities, places to smudge, and schools developed to be more culturally appropriate to first nations, Métis and Inuit communities.

It is important that we support this bill so that first nations communities can say what is important to them. If a first nations wants a school, then this bill would allow that to happen in a more expedited way than what we do with the federal government assistance.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:20 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I thank the member for Nunavut for her remarks. I had the opportunity to visit her riding back in 2018. I met with indigenous leaders and territorial leaders there, as well as the Northwest Territories, as part of a trip with the foreign affairs committee.

One of the issues we discussed was the government announcing an offshore drilling ban. This was announced back in 2016. The Prime Minister announced it alongside President Obama. We heard that leaders in the territories got a phone call 45 minutes before that happened. It was a complete lack of consultation.

The presumption seems to be on the part of the government that if it is blocking development, if it is saying no to something going forward, then somehow it does not need to consult. In reality, it should be consulting in either case. The government brought in a policy that has severely limited economic development in the north without proper consultation with indigenous or territorial leaders.

Can the member share what the current conversation is around that issue? Does she think the government should have been consulting before implementing this kind of policy?

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:20 p.m.

NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I think that consultation is absolutely important, but what is more important is the proper implementation of the United Nations Declaration on the Rights of Indigenous Peoples, which declares that there should be free, prior and informed consent before any kind of development is happening. I do hope that this party supports my bill, which would make changes to the Territorial Lands Act and would make sure that there is free, prior and informed consent, even at the beginning stages, so that we do not have to end up in these conversations questioning whether consultation was appropriate or not.

First Nations Fiscal Management ActGovernment Orders

May 15th, 2023 / 4:20 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I have only ever heard the Conservatives talk about oil and gas whenever they talk about indigenous. However, the Liberals are telling us about all these great projects that are going to create capital.

In Fort Albany right now, people are flying home today from weeks of being put up in hotels and community centres, because the dikes broke on the Albany River due to failed basic infrastructure, putting them at risk. We are working with the Mennonite Central Committee and True North Aid to get food hampers in. That is the reality on the ground in the communities I represent: underfunded infrastructure and having to beg to get food in, because the government has failed in its fundamental obligation to keep communities safe.

I would ask my hon. colleague: How is it possible for these communities to take economic control of their lands when they have been left in such dire straits of infrastructure poverty and a lack of an ability to control their lives?