Evidence of meeting #66 for Indigenous and Northern Affairs in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was need.
A recording is available from Parliament.
Conservative
The Chair Conservative Chris Warkentin
Thank you.
We'll now turn to our final questioner, Ms. Ambler, for five minutes.
Conservative
Stella Ambler Conservative Mississauga South, ON
Thank you, Mr. Chair, and thank you, Harold, for coming to see us today.
First, thank you for talking about economic independence and making that a focal point of your remarks. In general, would you say that this bill is in line with your hopes for providing this kind of economic independence for first nations, this autonomy, independence?
Chairman, First Nations Financial Management Board
It does, in this context, though, and it's a double-edged sword for you.
Conservative
Chairman, First Nations Financial Management Board
The issue here is if you look again at our presentation, at the scope of section 81 laws, it has significant impact on residents of reserves, some of whom may have substantial investments on reserve, some of whom may reside there. You are eliminating the 40-day period of the minister. You're eliminating the opportunity for somebody to engage in a discussion with those stakeholders on the implications of a proposed bylaw. Respectfully, that needs to be replaced with an alternative engagement process with those stakeholders.
Conservative
Chairman, First Nations Financial Management Board
I think you need to have a process that is contemplated, for instance, by the tax commission and the work they do around property taxation, where you have consultation with stakeholders. There's an ability to appeal. Look at a local government. Many of these matters that are referred to here in section 81 are responsibilities that ordinarily would fall to a local government. How do municipalities deal with these issues? I think we need to have not dissimilar processes, as these bylaws are developed on first nations lands. I think that would be helpful.
Conservative
Stella Ambler Conservative Mississauga South, ON
The difference, though, between a reserve that operates under the Indian Act and a small town, for example, is that small towns don't have to deal with the myriad decisions that are obviously contained under the Indian Act, which the leadership on reserves have to deal with, everything from education to things that are obviously not under normal municipal jurisdiction. One great example of that is this proposal to remove the provision that prohibits the growth and sale of agriculture.
Can you tell us what your organization's position is on that? Do you think it will contribute to the regulatory harmony, or are those two different things?
Chairman, First Nations Financial Management Board
I don't think they're two different things to the extent that the private sector needs to have confidence in your ability to have the authority to undertake the business transaction you're contemplating, whether that is selling group product, leasing land, or developing a building code. The authority of a band council to make those decisions needs to be unquestioned. The ability for others to intervene, as they can now do, on a political basis...and I'm not saying it has happened, but the fact is you've got 40 days. If I believe that my economic interest is going to be impacted as a consequence of a bylaw, I can go and appeal to the minister.
When Squamish entered into the property taxation regime in 1994, I had to come to Ottawa and sit with the Minister of Indian Affairs and the largest tenant in our reserve, the owners of the Park Royal Shopping Centre, to have a discussion about how we would enter property taxation. It was not a bad thing. Now, if we're going to replace that with this legislation in some aspects, all I'm saying is that there will be some in your constituency who might not be happy about that.
Conservative
Stella Ambler Conservative Mississauga South, ON
I'm wondering if you provided any of your suggestions, either verbally or in writing, to Mr. Clarke during the consultation phase of his bill. Was this the first we were hearing from you or not?
Conservative
Stella Ambler Conservative Mississauga South, ON
Okay, good.
Can you tell me if the creation of your First Nations Financial Management Board responds to some of the challenges or problems the Indian Act has created?
Chairman, First Nations Financial Management Board
Yes, it does—significantly. It develops a process by which a first nation gets certified. Its financial performance.... It must have a law. It must have a financial management system. We come back periodically to determine that they are still in compliance with their financial management system.
Conservative
Stella Ambler Conservative Mississauga South, ON
Would you have the same role if the act were repealed?
Conservative
The Chair Conservative Chris Warkentin
Thank you, Ms. Ambler.
Thank you, Mr. Calla. We appreciate your testimony today, and we thank you for your thoughtful presentation and thoughtful answers to the questions. We all appreciate that. I know it's a service to the folks who will be affected by this that you've come before us and given us those thoughtful answers.
Colleagues, we will now suspend for five minutes, and we'll move back in camera for a committee discussion on future business.
The committee is suspended.
[Proceedings continue in camera]