Okay.
Evidence of meeting #184 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was proposed.
A recording is available from Parliament.
Evidence of meeting #184 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was proposed.
A recording is available from Parliament.
6:20 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
The way the act is structured is for first nations who are still under the Indian Act.
We would need to be able to modify that in order to address paramountcy concerns with provinces, and with the self-governing first nations as well. That's what those adaptation regulations help us to do. There's a similar change for organizations to also access the regime. It would follow the same process.
6:20 p.m.
Conservative
Pierre Poilievre Conservative Carleton, ON
Do we have a sense of how many will take up these opportunities?
6:20 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
We currently have three treaty first nations who are partnering with us to develop those regulations. However, there are many others who are asking. As soon as these standard regulations are in place, we'll be able to schedule self-governing first nations to choose to opt in to it. There's an amendment in this package that will enable the minister to be able to add them to that schedule through the regulations.
6:20 p.m.
Liberal
Michael McLeod Liberal Northwest Territories, NT
Thank you, Mr. Chair.
I think Pierre asked most of what I wanted to know. Just for clarity, I want to talk about the self-governing indigenous governments, because this is an important part of it—to be able to develop their own OSR, their own-source revenue, to be able to tax their own people and tax their own lands.
You said that work is under way through a separate process. You mentioned Justice. I just want to make sure that's who's being tasked with doing all the work for the self-governing—
6:20 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
Yes. In order to develop we need to modify the regime slightly. There are some sections of the regime that have to change—the vocabulary, the framework, the governance framework that's in place—in order to work for treaty first nations. They will be able to opt in and choose, just like an Indian Act first nation would be able to do. It works up north. It applies down south, anywhere in Canada. It applies to all first nations.
6:25 p.m.
Liberal
Michael McLeod Liberal Northwest Territories, NT
I might be reaching, but would that apply also to the Métis?
6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
I don't know that I have the wording off by heart. It is indigenous or aboriginal groups that are subject to a treaty, so yes, it could go that far.
6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
Subject to a treaty with Canada, and I believe there's some modification of that to include provinces and territories.
6:25 p.m.
Liberal
Michael McLeod Liberal Northwest Territories, NT
Okay, because we have Métis nations negotiating land claims, too.
6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
Yes.
6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
That's already in the act. There's that flexibility.
6:25 p.m.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
Thanks, Mr. Chair.
It provides for taxation powers. I don't see any reference to the framework around that, for example, taxation notices in indigenous languages. What is the framework? What are the next stages? Am I right to assume that I don't see an administrative framework around the approach in terms of taxation?
Certainly in the communities I'm aware of in British Columbia, a lot of them are very keen to be able to provide for indigenous languages in their communities, and taxation notices would then be subject to perhaps a different legal framework than is currently the case. How does that fit into what is in the bill?
6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
There are no current changes to the act contemplated for indigenous languages yet. I think that perhaps as that bill moves forward, the indigenous languages act, we may see some changes necessary to the act. It's not currently contemplated.
6:25 p.m.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
The thinking is that this is really a standalone bill within the BIA, which I think should have been—and hopefully the Speaker will agree—separated out.
In a sense you're looking at a tandem, two-piece legislation that would then fit together, which would give powers and the ability of communities to—
November 5th, 2018 / 6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
I might have misspoken or not spoken clearly enough. Currently the tax commission works with first nation communities who are interested in putting in place a taxation regime. There's nothing to prevent them from already using their indigenous languages, as long as it's available as well in the language of the residents—the taxpayers—who are living in the community. Any first nation could put forward a tax regime that also offers it in their own language.
6:25 p.m.
NDP
Peter Julian NDP New Westminster—Burnaby, BC
As we know with linguistic history in this country, in the case where an indigenous community is issuing a tax notice in the indigenous language, it might get complicated.
6:25 p.m.
Director, Fiscal Policy and Investment Readiness, Economic Policy Development, Lands and Economic Development, Department of Indian Affairs and Northern Development
That's where the tax commission would come into play. They would ensure that taxpayers are able to understand the changes—the taxes—that are in front of them. There is a dispute mechanism, as well, for the tax commission. They do ensure representation of taxpayers. That's how the First Nations Tax Commission is set up. There has to be a representative for each of the different classes of taxpayers on the commission. There is always that oversight to ensure it is constitutionally compliant. They will check any laws the tax commission approves.
