Households and service users on reserve
- Your First Nation may pass service laws for water, wastewater, drainage, waste, animal control, recreation, transport, telecoms, and energy (s. 96(1)).
- Laws can be enforced by court orders, cost recovery, liens or legal hypothecs on interests in reserve lands, and service disconnections (s. 96(1)(c)(iii)–(v), (3)–(4)).
- These laws take effect after publication in the First Nations Gazette or on a later date named in the law (s. 98).
- If your First Nation uses the new Infrastructure Institute, some projects may be reviewed against standards and receive a compliance certificate (s. 113.5).
First Nations governments and administrators
- You must have a financial administration law approved by the First Nations Financial Management Board before making borrowing laws (s. 4).
- You may make laws to borrow using local revenues and, now, “other revenues,” and you may delegate certain powers (ss. 5(1)(d), 8.1(1)).
- “Other revenues” now includes items like leases, royalties, business income, transfers from provinces/municipalities, and some federal transfers if agreements allow (s. 2(1), definition of other revenues).
- To borrow using other revenues, you must have: a borrowing law; a financial performance certificate from the Board; and a secured revenues trust account managed by a third party that pays the Authority first (s. 79(2)(a)–(e)).
- The Board can impose co‑management or third‑party management over local or other revenues if there is risk of default or missed obligations; this can include ordering co‑signing of cheques or taking over revenue management (ss. 51–53.1).
- You can use the First Nations Infrastructure Institute for planning, procurement, project management, asset management, and standards/certification (ss. 113.4–113.8).
- Data functions expand: institutions may collect and publish statistical data but must avoid identifying individuals or communities without consent or where already public (ss. 35, 55 [Data], 113.9).
Borrowing members (First Nations and eligible Indigenous entities)
- Loans secured by property tax revenues: the First Nations Tax Commission must approve the borrowing law (s. 79(1)).
- Loans secured by other revenues: meet the conditions in s. 79(2), including depositing pledged revenues into a trust or intermediate account and giving the Authority first claim on payments (s. 79(2)(d)–(e)).
- The Authority withholds 5% of each loan for the debt reserve fund; the board may lower this to no less than 1% by resolution (s. 84(2), (2.1)).
- If the debt reserve fund drops, you may be required to replenish it without delay, depending on the shortfall (s. 84(5)).
- If insolvent, the Authority has priority over other creditors for debts arising after your first loan’s initial disbursement (s. 78(1)).
- You may leave the borrowing pool only with the consent of all other borrowing members (s. 77).
On‑reserve taxpayers and businesses
- The First Nations Tax Commission’s mandate expands to support local revenue systems, taxpayer relations, and dispute support services (s. 29(a)–(m)).
- Local revenue laws and service laws can be enforced in court; non‑compliance can lead to cost recovery and, for services, liens or service cut‑offs (ss. 5(5)–(6.1); 96(1)(c)).
Indigenous not‑for‑profits and other Indigenous groups
- Certain Indigenous groups and not‑for‑profit service organizations may be made eligible by regulation to receive services and participate in pooled borrowing (ss. 2(2.1), 50.1, 141, 141.1).