rolling river first nation - financial administration law 2014

8/10/2019 Rolling River First Nation - Financial Administration Law 2014

1/51

Rolling River

First

Nation

FINANCIAL ADMINISTRATION

LAW

2 4


2/51

TABLE

OF CONTENTS

PART

I

Citation

PART II

Interpretation

and

Application

PART

III

Administration

5

DIVISION

Council

5

DIVISION Finance

and

Audit

Committee

6

DIVISION

3

Officers and Employees

DIVISION

4

Conduct Expectations

4

PART

IV

Financial Management

5

DIVISION Financial

Plans and Annual Budgets

5

DIVISION

Financial

Institution

Accounts

7

DIVISION

3

Expenditures

8

DIVISION

4

General

Matters

2

DIVISION

5

Borrowing

DIVISION

6 Risk

Management

24

DIVISION

7

Financial

Reporting

28

DIVISION 8

information and Information Technology

33

PART

V

Capital

Projects

4

PART

VI Miscellaneous

38

SCHEDULE

Avoiding And Mitigating

Conflicts Of Interest

43

PART I

Interpretation

43

PART II Councillors

and Cou;mittee

Members

44

PART III

Officers and

Employees

47

PART IV Contractors

48


3/51

WHE

RE

AS

A.

P

ursu

ant to

sect

ion

9 of th

e

Fi

rst N

atio

ns

Fisc

al Man

agem

ent

Act,

th

e

C

oun

cil

of

a

firs

t

natio

n

ma

y

ma

ke la

ws res

pect

ing

the fina

ncia

l adm

inis

tratio

n o

f

the firs

t na

tio n

;

a

nd

B

The Counc il of

the

Roll ing River First Nation con

side

rs

i

t

to

be

in

the best

inte

rests o

f th

e

Fir

st N

ation

to

mak

e

a

law

for

suc h p

urpo

ses

NO

W TH

ERE

FOR

E

the Co

unci

l

o

f

the Rol

ling R

ive

r First

N

ation

en

ac ts

as f

oll o

ws:

P

ART

Cita

tion

C

itati

on

Th

is La

w m

ay b

e

c

ited

as th

e Ro

lling Ri

ver Firs

t Na

tion

Fin

anc

ial

dm

inis

trati

on L

aw 2

014

.

PAR

T

Inte

rpret

ation

and

p

plic

ation

D

efin

itio

ns

2

. 1

U

nle

ss the

con

tex t ind

ica te

s th

e con

tra ry

i

n

t

his

Law

:

A

ct

me

ans t he firs

t Nat

ions

Fis

cal

M

an

agem

ent

Act;

ann

ual fi

nanc

ial

sta te

men

ts me

ans

the an

nua

l fina

ncia

l sta te

men

ts

o

f

the Fi

rst

Na

tion

refe

rred

t

o

in

Div

ision

7 o

f

Pa

rt IV;

appr

opri

ation

me

ans

an all oc

atio

n

o

f m

one

y

un

der

a

bud

get t

o th

e purp

oses f

or

wh ic

h it m

ay be

u

sed;

audi

tor me

ans

the au

dito

r

o

f the

Fi

rst Nati

on ap

poin

ted un

der

sec

tion

73

;

Bo a

rd

mea

ns

t

he Firs

t Na

tions

Fina

nc ia

l

M

anag

eme

nt Bo

ard

es

tabli

shed

unde

r th

e Ac

t;

B

oar

d sta

ndar

ds m

ean

s the

sta nd

ard

s

esta

blish

ed

from

tim e

to

ti

me

by the

B

oard u

nder

the A

ct;

bo

lTow

ing m

emb

er mean

s

a

first

nati

on th

at h

as

b

een

acc

epted

as

a b

olTo

win

g m

embe

r un

der s

ec ti

on

76

2 of

the

Ac t a

nd

has no

t

c

ease

d to

be

a

b

orrow

ing m

emb

er un

der

sec ti

on

77 of

th

e Ac t

;

bud

ge t

means

the an

nual bud

get o

f th

e First

Na

tion th

at

has bee

n app

rove

d

b

y

th

e Co

unc

il;

co d

e me

ans a

co

de adop

ted b

y th

e Fir

st Na

tion un

der

the firs

t Na

tions

Oil

an

d G

as

and

Mo

neys

M

ana

gem

ent

Act

or a la

nd

cod

e

a

dop

ted

by

the F

irst

Na

tion

unde

r th

e

Fi

rst N

atio

ns

Land

Man

agem

ent

Act

;

C

omm

issi

on me

ans

the F

irs t N

atio

ns

Ta

x

Com

miss

ion es

tabl

ished

und

er th

e

A

ct;

Co

mmi

ssio

n

sta

nda

rds

mea

n s th e sta

nda

rds es

tabl

ished

from

tim

e to tim

e b

y t

he C

omm

issio

n unde

r

the

A

ct;

Council

mean s th e

Counc il of

th e F irst

Nation ;


4/51

Council cha ir means the person appointed

or elected

to act

as the chair of

the

Council;

Council

vice chair means the person

appointed

or

elected

to ac t

as the

vice chair of

the Council;

councillor

means

a member of the Council of

the First

Nation;

dependent means,

in

relation

to

an individual

a the

individuals

spouse,

b

a person under the age

of

majority

in respect of

whom the individual or

the individuals

spouse is

a

parent or

acting in a parental capacity

c

a person in respect of whom the

individual o r th e individuals

spouse

is

acting as

guardian or

d

a person other than

an

employee

who

is

financially dependent upon

the individual

or the

individual

spouse;

Finance

and Audit Committee means

the Finance and

Audit Committee established

under

section 12;

financial administration

means

the management

supervision

control

and direction of

all matters

relating

to the financial affairs

of the First

Nation;

financial institution

means the First Nations Finance

Authority a

bank,

credit

union

or caisse populaire;

financial competency

means the ability to read

and understand

financial statements

that present

accounting issues reasonably

expected

to

be

raised

by the First Nations

financial

statements;

financial

records

means all

records respecting the


of

the

First

Nation

including

the minutes of

meetings of the Council

and the Finance and Audit

Committee;

First Nation

means the Rolling River

First

Nation;

First

Nations

financial

assets

means all

money and other financial

assets of

the

First Nation;

First

Nations

lands

means all

reserves

of the First Nation

within the

meaning

of

the

Indian

Act;

First

Nation

law

means any

law, including

any by law or code, of

the F ir st Na tion made

by

the

Council

or

the

membership of

the

First

Nation;

First Nation records

means

all

records

of

the

First

Nation respecting its

governance management

operations and financial

administration;

fiscal year means

the fiscal year of

the

First Nation

se t out in

section

24;

GAAP

means generally accepted accounting principles

of the Chartered

Professional Accountants

of

Canada,

as

revised

or replaced from time

to time;

local

revenue law means

a

local revenue

law

made

by the

First Nation

under t he Act;

local revenues

means money raised

under

a

local revenue

law;

2


5/51

multi year financial plan means the plan referred

to

in section 25;

off icer means the senior manager senior

financial

officer , tax administrator and any other

employee of

the

first Nation designated by the Council as an officer;

officer of the Council means the Chief , the Council chair, the Council vice chair the chair of the Finance

and

Audit Committee or

any

other officer of

the

Council who is appointed or elected

to

office

b y th e

Council;

other revenues means other revenues as defined in section

of the

Financing

Secured

by

Other

Revenues Regulations made under the Act;

record

means anything on which information is recorded or stored

by any

means whether graphic

electronic

mechanical or otherwise;

related body

means

a

any agency

of the First Nation

b

any corporation

in

which the First

Nation

has a

material

or controlling interest

c

any partnership in which the

First Nation

or

another related

body

of t he Fi rs t Nation is

a

partner

with a

material

or

controlling interest or

d

a

trust of the Firs t Nation;

senior

financial officer means the person appointed senior financial officer under section

19;

senior manager

means the person appointed senior manager under section

18;

special purpose report means

a report described in subsection

7 1 4 ;

spouse means, in relation

to

an

individual

a

person

to

whom the individual is married or

with whom the

individual has lived as a

common law partner for

at

least one 1 year in

a

marriage like

relationship;

standards means the standards established from time

to

time under th e Act ; a nd

tax administrator means the tax administrator appointed under the First Nation local revenue

laws.

2 Except

as

otherwise provided in th is L aw , word s a nd expressions u sed in t his Law have

t he same

meanings as i n th e

Act.

3 Unless a

word or expression is defined under subsection 1

or

2 or another provision of this

Law. the definitions

in

the Interpretcitlon

Act

apply.

4 Al l

references

to

named enactments in thi s Law a re to enactments of the Government of

Canada.

Interpretation

3. 1 In th is Law, t he

following rules of interpretation apply:

a

words i n t he singular include the

p lu ra l, and words in

the plural include the singular;

31


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b

words importing

female persons include male persons

and corporations and words

importing

male

persons include

female persons and corporations;

c if a

word

or expression is defined other parts of speech and

grammatical forms of

t he s ame

word

or

expressions have corresponding

meanings

d

the

expression must is t o be

construed

as imperative and

the expression may

is to be construed

as

permissive

e

unless

the context

indicates

otherwise including means including

but no t limited

to, and

includes means includes,

but no t

limited

t o ; and

0

a

reference

to

an enactment

includes any amendment

or

replacement of

it

and

every

regulation made

under

it.

2 Thi s Law

must be

considered as

always speaking and where

a

matter or

thing is expressed

in

the

present

tense, it must

be

applied to the

circumstances

as

they arise,

so

that

effect

may b e given

to

this Law

according to its true spirit, intent and meaning.

3

Words in

this

Law

referring

to

an

officer,

by

name of

office

or otherwise

also

apply to any

person

designated by the

Council to ac t

in the

officer place or to any person

assigned or

delegated

to

act

in the

officers place under

t hi s Law.

Posting

of Public Notice

4. 1 If a public notice must be posted under

t hi s Law, the public notice is properly

posted if a

written

notice is placed in

a

conspicuous and

accessible

place for public

viewing in the principal

administrative

offices

of

the Firs t Nat ion.

2

Unless expressly

provided

otherwise if a public notice of

a

meeting must

be

posted under this

Law the notice must

be

posted at least fifteen

15 days

before

the

date

of the meeting.

Calculation of Time

5. In th is Law, t ime must

be

calculated in accordance

with the following

rules:

a where the time limited for taking

an

action

ends o r fal ls on

a holiday the action may be taken on

the next day that

is

not

a holiday;

b

where

there is a

reference

to a number of

days,

no t

expressed as clear

days,

between

two

events

in

calculating that

number of

days the day

on

which the first event happens is

excluded and the

day

on

which the second event

happens is included

c

where

a

time is

expressed to begin o r e nd

at,

on or within

a

specified

day,

o r to continue

to

or until

a

specified

day, the t ime includes that day;

d

where a time is

expressed to begin after o r t o

be

from a specified

day , the t ime does not inc lude that

day; and

e where anything is to be done

within

a time

after,

from, of

or

before

a specified day, the

time does

not

include

that day.

4


7/51

Conflict of

Laws

6. 1 If

there

is

a

conflict

between

this L aw a nd

another First

Nation law, other

than a code

or

a local

revenue law,

thi s Law prevails

2

If

there

is a

conflict between

this L aw an d the Ac t, the

Act

prevails

3 If there

is a conflict

between this

Law

and

a local revenue

law,

the

local

revenue

law

prevails.

Scope

and Application

7.

This Law applies

to the financial administration

of the

First

Nation.

PART

Administration

DIVISION 1

Council

Responsibilities

of Council

8. l

The

Council

is

responsible

for all matters

relating

to th e financial

administration

of

the First

Nation

whether or not they

have

been assigned

or

delegated to an officer,

employee

committee,

contractor

or

agent by

or

under this Law.

2

Subject

to paragraph 5 1 f of

the

Act,

this

L aw and

any

other

applicable

First Nation

law, the

Council may

delegate

to

any

of its

officers, employees

committees,

contractors

or agents any

of

its

functions

under

this

Law

except the following:

a

the approval

of

Council

policies, procedures

or directions;

b

the appointment

of

members the chair

and

the

vice-chair of the

Finance

and Audit

Committee;

c

the

approval

of

budgets and financial

statements of the First

Nation; and

d

the approval of

borrowing of the First Nation.

Council Policies,

Procedures

and Directions

9. 1

Subject

to subsection 2 , the Council

may

establish policies

and procedures

and give

directions

respecting

any

matter

relating

to

the financial administration

of

the

First

Nation

2

The Council must establish

policies or procedures

or give

directions respecting

the acquisition,

management and

safeguarding of Firs t Nat ion

assets.

3

The Council

must

not

establish

any policies

or procedures or

g iv e any

directions relating

to

the


of the First Nation

that

a re in

conflict

with

this

Law,

t he Act or

GAAP.

4

The Council must

ensure that

all human

resources policies

and

procedures

are

designed

and

implemented

to facilitate effective

internal financial

administration

controls

5 Th e Council

must

document

all

its

policies

procedures and

directions

and make

them

available to

any person who is required

to

act i n

accordance with them

or who may

be

directly

affected

by them.

51


8/51

Reporting

of

Remuneration

Expenses and

Contracts

1O. 1

Annually

the

senior financial

officer must

prepare

a report

separately

listing

the

following:

a the total amount

of

remuneration

expenses

and

benefits including

coverage

under

policies

for

insurance

or medical dental

or

related

services paid or

provided

by the

First

Nation

to

a

councillor

and

to each of

the dependents

of

the councillor;

b

any

contracts

between

the

First

Nation

and

a

councillor

and

between

the

First Nation

and a

dependent of

the

councillor for

the

supply of

goods

or services

including

a general description

of

the

nature of

the contracts;

c

the

total

amount

of remuneration

expenses and

benefits

including

coverage

under

policies for

insurance

or

medical

dental or related

services,

paid

or

provided

by the First

Nation to

the senior

manager

and

to

each of

the dependents

of

the

senior manager;

and

d any

contracts between

the First

Nation

and the senior

manager

and

between

the

First

Nation and

a

dependent

of

the

senior

manager

for the supply

of

goods

or

services

including

a general

description

of

the nature

of the contracts

2

Subsection

1

does no t require

the

reporting

of remuneration

expenses

or benefits

received

a

in common

by all members of

the First

Nation;

b under

a

program

or

service

universally

accessible

to

all members of

the First Nation on

published

terms

and

conditions:

or

c

from

a

trust

arrangement according

to

the terms

of

the trust.

DIVISION

Finance

n

Audit Committee

Interpretation

11. 1

In this Division

Committee means

the Finance

and

Audit

Committee

2

For purposes of

section

12,

a an individual

is

independent

if the

individual

does not

have a direct

or

indirect financial

relationship

with the F ir st Nation

government

that could,

in the

opinion

of Council

reasonably

interfere

with the

exercise

of independent

judgment

as

a member

of

the

Committee

and

b

an

individual

does not have

a financial

relationship

with the First

Nation

government

as a

result of

the individuals

receipt of

the following

from the First

Nation:

i

remuneration

for acting in

h is o r

her

capacity

as

a

councillor

or

as

a member of

any first

nation

committee;

ii

fixed retirement

compensation;

iii

payments

or benefits

paid

in

common

to all First

Nation

members;

6


9/51

iv payments or

benefits paid under

a

program

or

service universally accessible

to First Nation

members

on published t erms and conditions;

or

v

payments or benefits paid from

a

trust arrangement according

to the

terms of the trust.

Committee Established

12. 1 The Committee

of

the

first Nation is established

to

provide Council with

adv ic e and

recommendations in order to support Council

decision making process respecting

the financial

administration of

the First Nation.

2

The Council

must appoint not

less

than three

3

members of the Committee

a

majority of whom

must

have financial

competency and all of whom must

be

independent.

3

Th e following individuals

are not eligible

to be

members of the Committee:

a an

individual

who

is an

employee of

the

First

Nation;

b

an individual who has an immediate family member who is

an officer of

the First Nation;

c

an individual

who provides consulting advisory or other services

to

the First Nation or

its

related

bodies as a

contractor;

d an

individual who has

a

dependent who provides consulting advisory or other services

to

the Firs t

Nation

or i ts

related bodies as

a

contractor;

or

e an

individual who is

a

partner, owner or officer of an entity which provides accounting consulting

legal

or

financial

services

to

the

First Nation

or

its

related

bodies

4 The Council

must

establish

policies

or

procedures

or

give directions requiring

a

confirmation before appointment that each potential member of the Committee is eligible

to be a

member and is independent; and

b

each member

of

the Committee annually to

sign a

statement confirming

that

the membe r is

independent

5

The Council ma y establish a policy

that

permits the Council to exempt an individual from

subsection 3 but only under

the

following

circumstances:

a

an exemption may

be

given on one

occasion

only

for a particular

individual

and the term

of

appointment

of

the individual must not be more than three consecutive years; and

b

the Council in temporary and exceptional circumstances determines in

its

reasonable opinion that

i

the

individual is able

to

exercise the independentjudgment necessary for the individual to fulfill

h is o r her responsibilities

as

a member

of

the Committee regardless

of

the individual

relationship

with t he Fir st Na tion , and

ii the

appointment of the individual

to

the Committee is considered

to

be in the

best

interests of

the Firs t Nation and

its

members.

71


10/51

6)

If

th

e

C

omm

itte

e con

sis ts

of

a) thr

ee

3 )

m

emb

ers

at

le

ast

one 1

) of

t

he

C

omm

ittee

me

mber

s mu st

b

e

c

oun

cillo

r; and

b )

fou

r

4

)

o

r mo

re m

embe

rs

at leas

t

two

2

)

of

the Co

mm

ittee

m

emb

ers

m

ust

be cou

ncil

lors.

7 ) Sub

ject t

o

s

ubse

ctio

n

8)

,

t

he Com

mi

ttee mem

ber

s

mu s

t

be

appo

inted

to hold

offic

e for s

tag g

ered

te

rm s o

f not l

ess than

thre

e 3

)

c

omp

lete fi

scal yea

rs.

8 )

A

Com

mitt

ee

me

mber

may

be r

emo

ved fro

m o

ffice

by the

Coun

cil

if

a

) t

he

me

mbe

r m

isses th

ree

3) con

secu

tivel

y sche

dule

d

m

eeti

ngs of

the

Com

mit

tee; or

b

) the cha

ir

o

f th

e Com

mitt

ee rec

omm

end

s

re

mov

al

9) If

Com

mit

tee m

emb

er

is

rem

oved

from o

ffice

res

igns o

r die

s befo

re th

e

mem

ber

term

o

f

of

fice

expires, the

Council

mus t

s

soon

s

practicable appoin t

a

new

Committee member

to

hold office

for

the

rema

inde

r of the fir

st m

emb

er

term

o

f

o

ffice

.

Cha

ir and

Vi

ce-ch

air

13

.

1 )

Th

e C

ounc

il

mus

t a

ppoi

nt ch

air

and

v

ice- chair

o

f the

Com

mit

tee on

e of w

hom m

ust

b

e a

cou

ncill

or

2

) If

Cou

ncil a

ppo

ints no

nco

unci

llor

s

ch

air

of th

e

C

omm

itte

e

a

)

Co

unci

l mus

t send

to

th

e ch

air

no ti

ce s an

d

a

gend

as of

coun

cil mee

ting

s;

b

)

on re

que

st

of the

cha ir

,

Co

unci

l mus

t prov

ide

the

c

hair

with

any

ma

teria

ls

o

r inf

orm

ation

pro

vide

d

t

o Co

unci

l

res

pec

ting m

atter

s befo

re it;

and

c) the c

hair m

ay a

ttend

and sp

eak at

Cou

nc il me

eti ng

s

Co

mm

ittee

Pr

oced

ures

14

. 1)

The quo

rum

of th

e Com

mit

tee is

fift

y perc

ent

50

) o

f

th

e

tota

l

n

umb

er of

Com

mit

tee

m

em

bers

inc

ludi

ng a

t leas

t

on

e

1)

cou

nc ill

or

2)

Exce

pt whe

re

C

om

mitte

e

m

emb

er is n

ot per

mitte

d

to part

icipa

te

i

n

dec

ision be

caus

e

of

conflict of interest every Committee member

has one

1)

vo te

in all

Committee decisio ns

3) In

the ev

ent of

a tie v

ote in

the

Co

mm i

tte e the ch

air o

f the

Com

mi

ttee

may cast

a

sec

ond

tie

brea

king

vo te

.

4)

Subj

ec t to sub

secti

on

5),

th

e se

nior m

anag

er and

the se

nior f

inan

cia l of

fic er

mus

t b

e no tif

ied of

a

ll Com

mit

tee

me

eti ng

s

a

nd,

sub

jec t t

o rea

sona

ble

exc

eptio

ns

mu

st

a

tten

d thos

e mee

ting

s.

5

)

T

he

senio

r man

ager

or

the sen

ior fin

anc

ial offic

er ma

y

be

e

xclu

ded fr

om

a

ll

o

r

any

part of

Co

mm

ittee

m

eet

ing

by rec

orde

d vo te if

a)

the

subjec t matter rel ates

to

a

confidential personnel

or

performance

issu e

respecting

the senior

m

ana

ger or t

he senio

r fina

ncia

l off ic

er; or


11/51

b it is

a m

eetin

g with th

e

aud it

or.

6

T

he C

om

mitte

e m

ust

m

eet

a a

t

lea

st on

ce ev

ery th

ree

3

m

onth

s in e

ach

fis ca

l year

as n

eces

sary t

o

co

ndu

ct th

e

bu

sin e

ss

of th

e

Co mmittee ;

and

b

as s

oon

as

p

racti

cal

aft

er it rec

eive

s

the a

ud it

ed

a

nnu

al

fina

ncia

l sta te

men

ts and re

port

fro

m th

e

a

udito

r.

7 Th

e Co

mmi

ttee m

ust prov

ide mi

nute

s of its

me

eti ng

s to

the Co

unc

il a

nd r

epor

t to t

he Cou

ncil on

the s

ubst

ance o

f e

ach Com

mitt

ee m

eetin

g as s

oon

as

p

racti

cabl

e a

fter e

ach me

etin

g.

8

Su b

jec t to th

is La

w an

d an

y dire

ction

s giv

en

by th

e Cou

ncil

th

e Com

mit

tee m

ay mak

e r

ule s fo

r

th

e c

on d

uct of its

m

eeti

ng s

9

Af ter consultation

with the senio r

man ager the Committee

may

retain

a

consultant

to

assist

in

the

p

erfo

rma

nce of

a

ny of

its resp

onsib

iliti

es.

F

inan

cia l Pla

nn in

g R

esp

ons i

biliti

es

15

. 1 T

he Com

mit

tee m

ust carr

y o

ut

t

he

fo

llow

ing ac

tiv iti

es i

n

re

spec

t

o

fthe

fina

ncia

l adm

inist

ratio

n

of th e Firs

t Na t

ion:

a

an

nual

ly d

ev e

lop an

d

rec

omm

end

t

o

t

he

Co u

nc il f

or

a

pp ro

val

sho

rt,

m

ediu

m

and

long

term

i

s

tra te

g ic pl

an s proje

ctio

ns an

d pr

iorit

ies

ii

ope

ratio

nal plan

s pro

jec ti

on s a

nd pr io

rities

ii

i

bu

sines

s plan

s p

roje

ction

s a

nd

p

riorit

ies and

iv f

inan

cial p

lan s

proje

cti o

ns and

pri

or iti

es;

5

revie

w dra

ft

a

nnua

l bud

gets an

d re

com

mend

them

to th

e Cou

ncil

for

app

rova

l;

c

on an

on

go in

g basi

s

m

oni

tor

the fin

ancia

l perf

orma

nce

of th

e Firs

t Na

tio n aga

inst

the

b

udge

t

and

rep

or t

an

y

signi

fica

nt

v

ariat

ions

to

th

e Cou

nc il

;

a

nd

d

rev iew

the

quarterly financial stat em en ts

and

recommend them

to

the

C

ou n

cil fo

r appr

ov al

2

T

he C

omm

itte

e

m

ay mak

e

a

re

port

or r

ecom

men

dati

ons

to

t

he Co

unc

il o

n

any

m

atte

r re

spec

ting

the

fin

anci

al ad

mini

strat

ion

of

t

he First Na

tion

t

ha t is

no

t othe

rwis

e

s

pe ci

fie d

to be

it

s

re

spon

sibil

ity un

der

th

is

L

aw.

A

udit

res

pons

ibili

ties

6

T

he Co

mm

ittee

mus

t

carr

y out

the fo

llow

ing a

ud it

ac tiv

ities in

resp

ect

of t

he f

inan

cia l

ad

min

istra

tion o

f

t

he Fi

rst Nat

ion:

a

make

recommendations

to

the

Cou ncil

on

the selec tio n,

engagement

and

performance

of

an

audito r;

91


12/51

b receive

assurances

on

the

independence

of

a

proposed

or appointed

auditor;

c review

and make

recommendations

to the

Council on

the planning

conduct

and

results of

audit

activities;

d

review and make

recommendations

to

the Council

on

the

audited

annual

financial

statements,

including

the audited local

revenue

account financial

statements

and any

special purpose

reports;

e

periodically

review

and

make

recommendations

to the

Council

on policies

procedures

and

directions

on

reimbursable

expenses

and perquisites

of

the councillors

officers

and

employees

of the

First Nation

0

monitor

financial reporting

risks

and fraud

risks

and

the effectiveness

of

mitigating

controls

for

those

risks taking

into consideration

the

cost

of implementing

those

controls;

g

conduct

a review

of

this

Law under section

101 and,

where appropriate

recommend

amendments

to

the

Council; and

h periodically

review

and

make recommendations

to the Council

on

the

terms

of

reference

of

the

Committee.

Council

Assigned

Responsibilities

17.

The

Council

may ass ign to

the Committee

or another

committee of

the Council

the

following

activities

in

respect of

the financial

administration

of

the First

Nation:

a

to

develop,

and recommend

to the Council

for approval

performance

measurements

and

goals

designed

to

confirm that

management

activities

including financial management occur

as

planned;

b to prepare

and recommend

to

the Council

for approval

cash management

plans

c to review

and report

to

the

Council on

the

financial content

of any

First Nation

reports

d

to

review, monitor

and

report

to

the Council on

the

appropriateness

of

the Firs t Nations

accounting

and financial

reporting

systems,

policies

and practices;

e to review,

and recommend

to the Council

for approval

any proposed

significant

changes in

the

First

Nations accounting

or

financial reporting

systems,

policies

procedures

or

directions

0

to

monitor the collection

and

receipt of

the First

Nation s financial

assets, inc]uding

debts owed to

the Firs t

Nation;

g

to review and

report

to

the

Council

on the First

Nations risk

management

policies

and

control and

information

systems and,

where appropriate

recommend

improvements

to the

Council;

h

to review

the

adequacy

of security

of information

information

systems

and

recovery

plans

and,

where

appropriate, recommend

improvements to

the

Council;

i

to

monitor compliance

with

the

legal obligations

of

the First

Nation,

including

legislative

regulatory

and contractual

obligations

and report

to

the

Council

1


13/51

a

to review

and

report to

the

Council

on the adequacy of


personnel

and

resources;

k) to review

monitor and report

to

the Council on

the adequacy

and appropriateness

of the

First

Nation

s

insurance

coverage respecting significant

First Nation

risks; and

1

to review monitor

and report

to the Council on material

litigation

and

its

impact

on financial

administration

and

reporting.

DIVISION

3

Officers

and

Employees

Senior

Manager

1 . 1) The

Council

must appoint a person

as senior manager of

the

First

Nation

and may set the

terms

and conditions of that

appointment.

2)

Reporting

to

the

Council

the

senior manager

is

responsible for leading

the

planning

organization

implementation

and

evaluation

of

the

overall management of all the

day-to-day operations

of the

First

Nation, including the following

duties:

a)

to

develop

and

recommend

to the Council for

approval, human resources

policies

and procedures

for

the

hiring management and

dismissal

of officers

and employees of

the

First

Nation;

b)

to

prepare

and

recommend

to the

Council

for

approval, descriptions

of the powers

duties

and

functions

of

all

employees of

the First Nation;

c)

to hire the employees of

the

First Nation

as the

senior

manager

considers

necessary

and to

set the

terms and

conditions of

their

employment;

d) to oversee, supervi

se and direct

the

activities

of all officers

and

employees

of

the First Nation;

e)

to

oversee

and administer

the contracts

of

the First Nation;

0

to

prepare

recommend

to

the Council

and

maintain

and revise as necessary

the organization

chart

referred

to in section

21;

g)

to

identify

assess,

monitor

and report

on

financial

reporting

risks

and fraud

risks;

h)

to

monitor

and report

on the

effectiveness

of

mitigating

controls for the

risks referred

to in

paragraph

g)

taking into

consideration

the

cost of

implementing those

controls;

i) to perform

any other

duties

of

the seniormanager under

this

Law;

and

I

to

carry out any other activities

specified

by the Council

that are not

contrary to

the

Ac t

or

inconsistent with the

senior managers

duties specified in

thi s Law.

3) The

senior

manager

may assign

the performance

of any of

the senior manager

s duties or

functions

a)

to

an officer or employee of

the First

Nation; and

b)

with the

approval

of

the

Council

to

a

contractor

or

agent

of the

First

Nation.


14/51

4

An

y assig

nme

nt

of du

tie s or

func

tio n

s

und

er

su

bse

ction 3

d

oes not r

eli ev

e the sen

ior man

ager

o

f

the r

espo

nsib

ility

to en

sure t

ha t thes

e

d

utie

s

o

r func

tio n

s

are ca

rried

o

ut

pr

oper

ly.

Senior

Fin

ancia

l

Officer

19. 1

The Council

must

appoint

person

s

senior financial officer

of

the

First Nation

and may set

the

term

s

and co

ndit

ions of tha

t appo

in tm

en t.

2

Rep

ortin

g

to

the se

nio r man

ag er

the

s

en io

r

fin

ancia

l

of

ficer is

resp

onsi

ble

fo

r

the d

ay t

o da

y

ma

nage

men

t

of th

e sys

tem s of the f

inan

cial adm

inis

trati

on

of

the Fir st

Na ti

on inc

ludi

ng

t

he f

ollo

wing

duties:

a

to e

nsur

e

th

e

f

inan

cial ad

min

istra

tion

sys te

ms po

licie

s

pro

ced

ures

di re

ction

s

and in

tern

al co

ntr o

ls

are

appr

opria

tely

d

esign

ed and

oper

ating effe

ctive

ly

b to ad

min

ister

a

nd m

ain ta

in

all

a

ccou

nts of

t

he Fir

st Na ti

on;

c to p

repa

re

the d

raft an

nua

l bud

gets an

d

an

y dra

ft am e

nd m

ents to

the com

pon

ent of t

he

ann

ual

bu dg

et

r

espe

cting the F

irst N

ation

s l

oca l reve

nue acc

ou n

t;

d to

pre

pare the m

onth

ly fina

ncial info

rma

tion

r

equi

red

i

n

sec

tio n 69,

the

quar

terly fin

anci

al

sta

tem

en ts

req

uired in

sec

tio n 70 an

d th e dr

a ft a nn

ua l fina

ncia

l sta te

men

ts

r

equi

red in

sec

tion 71;

e

to

pr

epar

e the fina

ncia

l

c

omp

one

nts

o

f r

epor

ts

to

the Co

un c

il

an

d

of

any

short,

m

ediu

m an

d lo ng

term

plan

s

pro

jecti

ons

and

prior

ities refe

rred to

in subs

ectio

n 15 1 ;

f

t

act iv

ely mo

nitor

co

mpli

ance with

any a

gree

men

ts

and fu

ndin

g arr

an g

em en

ts ente

red i nto by

the

Firs

t

N

atio

n;

g to

a

dmin

iste

r

an

d

su

pe rv

ise

the

p

repa

ratio

n

an

d

m

ain

tenan

ce of fin

anci

al

re

co rd

s

an

d t

he fin

anci

al

admini

str

ation repo

rting sy

stem

s;

h

to adm

inis

ter and su

pe rv

ise

th

e

ma

inte

nanc

e

o

f the

reco

rds

of

all re

ceip

ts

an

d e

xpen

ditu

res of th

e

Fi

rst Na ti

on

to

facil

itate the

ann u

al

audit;

i

to

ac t

ive ly

m

onito

r

com

plia

nce with th

e

A

ct

thi

s

L

aw any o

ther

app

licab

le

Firs

t N

ation law,

a

pp li

cabl

e

sta n

dard

s

and any

poli

cies pro

cedu

res and direc

tion

s of the

Co u

ncil resp

ecti

ng

t

he

fin an

cial

ad

mini

strat

ion

o

f

t

he

F

irst

Na ti

on

oth

er tha

n thos

e

m

att

ers th

at

are

the res

pon

sibili

ty

o

f th

e tax

adm

inis

trato

r

unde

r

th

is Law, a

no th

er

F

irst N

ation la

w or the

Ac t;

I

to pr

epare or pr

ovid

e any d

ocu

men

tatio

n

and

fina

ncia

l

info

rma

tion req

uire

d b

y

t

he

Co u

ncil

or

th

e

F

inan

ce

and

Au

dit

C

om

mitt

ee to

di

scha

rge its re

spo

nsibi

litie

s

k

to

eval

ua te the finan

cial adm

inis

tratio

n

syste

ms

of

t

he F

irs t Na

tio n and rec

omm

end i

mpro

vem

ents

;

1

to

d

evelo

p

a

nd reco

mm

end

p

roc

edur

es

for

th

e safeg

uard

ing of

asset

s

an

d

to

ensu

re

ap p

rove

d

p

roc e

du re

s

are fol

lowe

d;

m

to de ve

lop and

r

ecom

me

nd pro

cedu

res for

ide

ntify

ing

and mit

igati

ng

f

inan

cial repo

rting and

fra

ud

ri

sks and to en

sure ap

prov

ed

pr

oced

ures are

fo llo

we d

;

n

to

perf

orm any o

ther d

utie

s

o

f the

sen

ior

fi

nanc

ial off

icer u

nd er this

Law;

and


15/51

o to T

ou

t any

o

ther

act

iv itie

s

spe

cifie

d

by th e s

enio

r

m

anag

er

that ar

e not co

ntra

ry

to th

e

A

ct

or

i

ncon

sist

ent

w

ith the s

enio

r

f

inan

cial offi

cer

s

d

utie

s

und

er t

his

Law

.

3

W

ith t

he app

rova

l

of

the s

enio

r

m

ana

ger the se

nio r

fina

ncia

l

offi

cer m

ay a

ss ign the

p

erfor

man

ce

of

a

ny of

the

du ti

es or fu

ncti

ons of th

e se

nior fi

nanc

ial

offi

cer

to

any offi

cer e

mpl

oy ee

cont

racto

r or

ag

ent

of

the Firs t

Natio n but

thi s

assignment

does

not relieve

the

sen ior financial officer

of

the

responsibility

to

en

sure th

a t thes

e dut

ie s o r fun

ction

s

a

re carri

ed ou t p

rope

rly

T

ax

A

dm

inist

rato

r

2

0.1

Th e

tax

adm

inist

rator

rep

or ts

to th

e sen

ior ma

nage

r

in r

espe

ct of the

p

erfor

man

ce

of

any

of

the

tax

ad m

inis

tra to

rs

du tie

s or

func

tion

s

un

der

th

is

L

aw.

2

W

ith the ap pr

ov al of th

e s

en io

r

ma

nag

er

the

tax

admi

nistr

ator

may assi

gn t

he perf

orma

nce o

f

any

of

the d

utie

s

or

func

tion

s

of

the ta

x adm

inist

rator und

er thi s

La

w to a

ny

o

ffic

er em

ploy

ee, c

ontra

ctor o

r

age

nt

o

f

the Fi

rst

N

atio

n, but t

his assi

gnm

ent doe

s no

t

rel

ieve

the tax

ad

mini

strat

or

of t

he r

espo

nsib

ility to

en sure tha t t hese duties

or

functions

are

carried

ou t

prop erly

O

rgan

iza ti

on al

Str

uctu

re

2

1. l

Th

e

C

oun

cil m

ust estab

lish

and mai

ntain

curre

nt or

gani

zatio

n char

t for

the g

over

nanc

e,

m

anag

eme

nt

a

nd

a

dmin

istra

tive sys

tem s of

the Fir

st Nat

ion .

2

Th e

o

rgan

izati

on c

hart

u

nder

su

bsec

tio n

1 m

ust incl

ude th

e follo

wing

info

rma

tion:

a al

l go v

ern a

nce

m

anag

eme

nt an

d

ad

min

istra

tive sys

tem s of th

e Fir

st Na

tio n

;

b

th

e

or

gani

zatio

n

o

f the sy

stem

s

des

crib

ed in par

agra

ph

a , incl

udin

g the lin

kag

es b

etwe

en th

em;

c

th

e spec

i fi c role

s and re

spon

sibi

lities

of

ea

ch leve

l

o

f

th

e

o

rgan

izati

on

o

f t

he s

yste

ms

d

escr

ibed in

pa

ragr

ap h a

;

a

nd

d

a

ll gove

rnan

ce,

m

ana

gem

ent an

d ad

min

istra

tive po si

tio ns at e

a ch lev

el of

the

orga

niza

tion

of

th

e

s

ystem

s

des

cribe

d

i

n para

grap

h a

,

inc

ludi

ng

i

the

me

mbe

rshi

p

on th

e Co u

ncil Fi

nanc

e an

d

A

udi

t Com

mitt

ee and

ot

her co

mm

ittee

s

of the

Co

unci

l

a

nd t he Fir

st N

atio

n

i

i

the

sen

ior m

ana

ge r the sen

ior fin an

cial

off

ice r, th

e ta

x

ad

mini

strat

or and o

ther

offi

ce rs

o

f the

First Nation

and

i

ii

the pri

ncip

al

li

nes of

au

tho ri

ty

an

d the res

pons

ibili

ty betw

een t

he C

ou n

cil the co

mm

ittee

s

ref

erre

d

t

o

i

n s

ubpa

ragr

aph

i an

d the

off

ice rs refe

rred

t

o

in s

ub pa

ragr

ap h ii .

3

O

n

r

eque

st,

t

he sen

ior m

anag

er mus

t

pro

vide

copy of

the or

gan

izatio

n

c

hart u

nder

sub

sect

ion 1

to

co

un ci

llo r

m

em

ber of

com

mit

tee refer

red to

in sub

para

grap

h 2

d i

,

an

offic

er emp

loy e

e or

c

ontra

ctor

or age

nt of the

Fir st

Nat

ion and

m

emb

er of th

e Firs

t

N

atio

n.

4

In

the cou

rse

of

disch

argi

ng h

is

o

r her r

espo

nsib

ilitie

s

unde

r t

his L a

w , the

sen

ior ma

nage

r

m

ust

r

ecom

me

nd

to

the C

oun

cil for ap

prov

al

and

impl

eme

ntati

on hum

an reso

urce

po lic

ie s a nd p

roce

du re

s tha

t

facilitate effective internal finan cial administr ation con tro ls

13


16/51

5

The Council

must take

all

reasonable

steps

to

ensure that

the First

Nation

hires or

retains

qualified

and

competent

personnel

to

carry

out

the

financial

administration

activities

of

the First Nation

DIVISION

4

Conduct

Expectations

Conduct of Councillors

22. 1

When exercising

a power

duty

or responsibility

relating

to

the financial

administration of

the

First Nation,

a

councillor

must

a comply with

this Law,

the Ac t, any

other

applicable

First Nation

law

and

any applicable

standards;

b

act

honestly

in good faith

and

in

the

best interests of

the

First

Nation;

c exercise

the

care, diligence

and

ski ll t ha t a

reasonably

prudent

individual

would

exercise in

comparable

circumstances;

and

d

avoid

conflicts

of

interest and

comply with

the

requirements

of

the

Schedule:

Avoiding

and

Mitigating

Conflicts of

Interest including

required

disclosures

of

private

interests.

2 If

it has been

determined

under

this Law

or by

a court

of

competentjurisdiction

that

a councillor

has

contravened

this section, the

Council must

post

a public

notice

of

the details of

the

determination

for

a

period

of

not

less than thirty one

3

1 days as

soon as

practicable

after

the contravention

was

determined

Conduct of

Officers Employees

Contractors

etc.

23.

This

section

applies

to

a

an

officer, employee

contractor

and agent of

the First

Nation;

b a person

acting

under

the

delegated

authority

of

the

Council

or the First

Nation;

or

c

a

member

of

a

committee

of

the Council

o r t he

First

Nation wh o

is no t

a

councillor

2

If

a person is exercising

a

power duty

or

responsibility

relating

to the

financial

administration

of

the

First Nation,

that person

must

a comply

with

t hi s Law, the

Act,

any other

applicable

First

Nation law

and

any

applicable standards;

b

comply with

all

policies

procedures

and directions

of

the Council; and

c

avoid conflicts

of interest

and

comply

with any

applicable

requirements

of

the

Schedule:

Avoiding

and

Mitigating

Conflicts of

Interest

including required

disclosure

of

potential

conflicts of

interest.

3

Th e Council

must

incorporate

the relevant

provision

of this

section into

a

the

terms

of employment

or appointment

of

every officer

or

employee of

the

First

Nation;

b the

terms

of

every contract

of a contractor

of

the

First

Nation;

c

the terms

of appointment of

every member

of

a

committee

who

is

not

a

councillor; and

14


17/51

d

th

e te

rms

o

f a

ppoi

ntme

nt

of

e

ve ry a

gen

t

of

the Fi

rs t Nati

on .

4

If a pe

rson c

ontr

aven

es

su

bsec

tion 2 ,

t

he follo

wing a

ction

s may

be tak e

n:

a

an

offi

cer or e

mpl

oyee ma

y

be dis

cipli

ned

i

nclu

ding dis

miss

al;

5

a c

ontr

acto

rs

cont

ract m

ay

be ter

mina

ted;

c the

appo

intm

ent of a m

emb

er of a co

mmi

ttee ma

y

be re

vok

ed; or

d

th

e appo

intm

ent of

an

a

gen

t m

ay

be

r

evok

ed .

PAR

T V F

inan

cial

Man

agem

ent

DI

VIS

ION F

inanc

ial P

lans

and

Annu

al Bud

gets

Fiscal Year

24.

The

fis

ca l year of

t

he

F

irs t

Na

tion is Ap r

il

to M

arc

h

o

f

t

he

follo

win

g year.

Mu

lti y

ear Fin

anci

al

Pla

n

25

.

No la

ter th

an Mar

ch

of eac

h year

,

th

e Co u

nc il

mu

s t appr

ove

a

mu

lti y

ear finan

cial

pla

n

th

at

a

has

a

p

lann

ing

perio

d of f

ive 5

y

ears

com

prise

d of

the cur

rent f

iscal y

ear and

the f

our

4

su

ccee

din g fisca

l

y

ears

;

b

is

based

on the

projections

of

revenues expenditures

and

transfers between accounts;

c sets

ou t

p

rojec

ted reve

nues

segr

egat

ed by sig

nifi

cant cat

egor

y;

d sets

out pro

jecte

d exp

endi

tures

s

egre

gate

d by s

ignif

ican

t

ca

teg o

ry;

e

in

re

spec

t

of

tran

sfers betw

een

acco

un ts

,

s

ets

out

the

amo

un ts from t

he tang

ible cap

ital

as

set res

erve

a

cco u

nt;

0

sh

ows all cat

egor

ies of re

strict

ed cas h

; a

nd

g

in

dic at

es

wh

ethe

r

in

an

y of the

fiv e

5

ye

ars o

f th

e pla n a

defic

it or surp

lus i

s

ex

pected

from

the

p

rojec

tion of rev

enue

s an

d expe

ndit

ures for tha

t yea

r.

C

ont

ent of

nn

ual

udg

et

2

6. 1

T

he

a

nnu

al bu

dge

t

m

ust

e

ncom

pas

s

all

the ope

rat io

ns

f

or wh

ich the F

irs t Na

tion

is res

pons

ible

and

must

ide n

tify

a an

tic ip

ate d rev

enue

s

s

egre

gate

d by sign

ifica

nt cat

egor

y,

wi th

e

stim

ate s

of

th

e

am

oun

t

of

rev en

ue

from

eac h ca

tegor

y;

b

ant

ic ipa

ted expe

ndit

ures

s

egre

gated

by sign

ific

ant c ateg

ory

wit

h

e

stim

ate s of the

am

oun

t

of

expendi ture

for

each ca tego ry;

and

15


18/51


19/51

2

Sub

jec t to sub

secti

on 27 6

and s

ect io

n 37, un

les s th

ere

is

a

sub

sta n

tia l chan

ge in t

he

fore

cast

ed

rev

enue

s

or e

xpen

ses of

the Fi rs

t Nat

ion or in

the

expe

ndit

ure prio

ritie

s of

the

C

oun

cil

t

he

Cou

nc il m

ust

no t app

rov e

a chan

ge to th

e ann

ua l b

udg

et

of the

Fir

st N

ation

Local

Revenue

A

ccou

nt

Bud

get Req

uirem

ent

s

30.

Des

pite

any othe

r p

rovis

ions of

this

L

aw,

any pa

rt

o

f

a bud

get

rela

ting to the lo

cal

r

even

ue

acc

ount mu

st be

prep

are d

appr

oved and

am

ende

d

in ac

cord

ance w

ith a

ppli

cabl

e

pr

ovis

ions o

f the

Act a

nd

o

f

the

Co

mmi

ssio

n

s

tan d

ard s

Policy

for

Fi

rst N

ation

Inf

orma

tion

o

r Invo

lvem

ent

31.

l

The Co

unc

il mu

st

e

stab

lish p

ol ici

es

or

pro

cedu

res or g

iv e dire

cti o

ns

re

spec

ting

the

m

ean s by

w

hic h

me

mbe

rs

of th

e First

Nat

ion mu

st be in

form

ed abo

ut or in

volv

ed

in

cons

idera

tion of

a

the

annu

al

bu

dge

t

in

clud

ing any

com

pon

ent of the a

nnua

l bud

get

r

espe

cting

the Firs

t

Nation

lo

ca l

re

venu

e

a

ccou

nt;

b the

mult

i-ye

ar

fin

ancia

l pla

n;

and

c

bu

dge

t de fic

its o

r

ex

trao

rdina

ry

e

xpen

ditu

res.

2

The

Cou

ncil mu

st po

st

pub

lic n ot

ice

of

eac

h Co

unc

il mee

ting wh

en ea

ch o

f the

foll

owin

g

is

pre

sent

ed fo r

ap

prov

al

a

the mult

i-ye

ar fin a

nc ial plan;

b th

e annual

b

udge

t; and

c

an

amen

dme

nt to

the

annual

bud

ge t

3

Mem

ber

s

of the Firs

t N

atio

n

m

ay att

end that p

art

of

th

e

Cou

ncil m

eeti

ng

whe

n the

m

atte

rs refe

rred

to

in

su

bse c

tio n

2 are

b

ein g con

side

red

DIVISION

2

fin

anci

al In

stitu

tion

Acc

ount

s

F

inan

cial Ins

tituti

on ccounts

3

2. l

o ac

coun

t

may

be op

ene

d

fo

r

th

e r

ecei

pt

a

nd

de

posi

t

of m

one

y of the

Fi

rst N

atio

n unle

ss th

e

account

is

a n t

he

nam

e

of th

e Firs

t Na

tio n;

b

o

pene

d in fi

nanc

i al i ns

titut

ion ;

and

c

au

thor

ize d

by

the

se

nio r ma

nag

er or

th

e s

en io

r finan

cial of fi

ce r

2

The F

irs t

Nat

ion must es

tab li

sh

the

fo

llow

ing ac

coun

ts

in

fi

nanc

ial ins tit

uti o

n

a

g

ene

ra l a cco

un t

f

or mo

ney from

an

y sour

ces othe

r than t

ho se

de

scrib

ed

in

para

grap

hs b to e :

b

loc a

l

rev

enu

e

a

ccou

nt

fo

r

m

one

y from

loca

l

re

ven

ues;


20/51

c

tru

st

a

ccou

nt

if

the Fi

rst Nati

on ha

s mon

ey

held

in

t

rus t;

d

la

nd and

r

esou

rces a

ccou

nt

for

mon

ey

f

rom

reve

nues from

the Fir

st Na

tion

s

l

ands

and

e

tan

gibl

e

capi

tal a

sset res

erve ac

coun

t

fo

r m

one

y set asi

de for

purp

oses of

sec

tio n 86.

3 Th

e

F

irs t Natio

n may

esta

blish any

othe

r acc

oun

ts no t

r

eferr

ed

to in s

ubse

ction 2

s may

be

n

ece

ssa ry and ap

prop

riate

to

ma

nage the Fir

st N ati

on s finan

cial

as

sets

.

Accounts

M

ana

gem

ent

3

3. 1 The sen

ior fin

anci

al

of

fice

r mu

st

e

nsur

e

the

safe

keep

ing

of

all

m

oney

re

ceiv

ed b

y th

e

F

irst

N

ation

.

2 T

he sen

ior

fin

anc

ial off

icer

a

mu

st

d

epos

it

all

mon

ey

r

eceiv

ed

by the First

Natio

n

as

soo

n s pr

actic

able in to

the approp riate

a

ccou

nts

de

scrib

ed

in s

ec tio

n

32;

an

d

b

mu

st

n

ot auth

orize pay

men

t

o

f mo

ney

fr

om an

acc

oun

t

des

crib

ed in sec

tio n 32

un le

ss

the

p

aym

en t

rel at

es

to th

e su

bjec

t

m

atte

r

for

wh ic

h the acco

un t was

es

tabl

ished and is o

ther

wise

au th

or ize

d

or

per

mi tt

ed

und

er th

is

L

aw .

DIVISION

3 E

xpen

ditu

res

roh

ibite

d x

pen

ditur

es

34

. l

Mon

ey or

fin

anc

ial

a

sse t

s

i

n a tr

ust acc

ount mu

st no

t be u

sed

f

or

p

urpo

se

o

the r

than that

permitted under the te

rms of

the trust.

2 M

one

y

in

l

ocal reve

nue acc

oun

t mu

s t not

be

use

d fo

r

any p

urp

ose oth

er tha

n that p

erm

itted un

der

a

loc a

l rev e

nue

law

.

3 M

oney

in

tan

gible c

ap ita

l as

set

r

eser

ve acc

ount

m

ust not

be u

sed fo

r

any

purp

ose oth

er than th

at

d

escri

bed

in

Pa

rt

V.

roh

ibite

d

gree

ment

s

35. T

he F

irst Na

tion mu s

t

no

t

e

nter in

to an a

greem

ent or u

nder

taki

ng

t

ha t

req u

ire s the First N

atio

n

to

expend

money

that

is

no t

authorized

by or

that contravenes

th is Law.

No Ex

pen

dit ur

e

Wit

hout A

ppro

pria

tion

36

. l

Su

bject to su

bse

ction 37

1 , m on

ey m us

t

no

t

be

pa id

ou t

o

f any

acco

un t un le

s s th e

e

xpen

ditu

re s

aut

hori

zed un

de r an

app

ropri

ati on

2

S

ubse

ctio

n

1

does

no

t appl

y to

e

xpen

ditu

res

fr

om t

rust a

cco

un t w

here th

e

e

xpen

di tu

re

s

a

utho

rized unde

r

t

he term

s

o

f the

tru

st.


21/51

Em

erge

ncy

Ex

pen

ditur

es

37 .

1 The se

nior m

ana

ger may

app

rove an e

xpen

ditu

re

for

an em

erg

ency pu

rpo

se tha

t was

no t

anti

cipa

ted

in

the b

udge

t

if

the e

xpen

ditu

re

is no

t expr

essly pr

ohib

ited

by

o

r un

der th i

s

L

aw or

an

oth e

r

Fi

rst

N

atio

n

law.

2

Th

e ou

ncil

m

ust es

tabli

sh pol

icies an

d proc

edur

es

to

aut

horiz

e

e

xpen

ditu

res

un

der

su

bsec

tion

1 .

3 The

exp

endi

ture

und

er

subs

ectio

n

1

mu st b

e repo

rted to the

o

unci

l s soon

as

prac

ticab

le

and

the

Cou

nc il

m

us t a

men

d

the

bud

get to inc

lude th

e e

xpen

ditu

re.

4

S

ubse

cti on

1

does not

giv

e

the

seni

or

m

anag

er the

au th

or ity to bo

rrow

for the p

urpo

se

o

f mak

ing

an

exp

end

iture for an

em

erg

ency

p

urpo

se

ppro

pria

tions

38.

l

An a

mou

nt

that s

ap

prop

riate

d

in

a b

udge

t

m

ust n

ot b

e

exp

end

ed fo

r

a

ny pu

rpos

e oth

er

th

an

tha t des

crib

ed

in

t

he app

rop

riatio

n

2

T

he total a

mou

nt

ex

pen

ded

b

y

the F

irst Na

tion

in

re

lat io

n

to an

app

ropr

iatio

n

must n

ot e

xcee

d th e

a

mou

nt sp

ec if

ied

in th

e b

udge

t

f

or

the Fi

rst N

atio

n

f

or th

at ap

prop

ria ti

on

3 Ev

ery pe

rson wh

o

is

r

espo

nsib

le

for

m

anag

ing

an

app

ropr

iatio

n

mus

t esta

blish an

d mai

nta in a

curre

nt reco

rd of c

omm

itme

nts

ch

argea

ble

to

that

appr

op ri

ation

aym

ents aft

er

Fiscal

Year

end

39. l

Money appropriated

in

budget for

fisca l

year must not

be

expended after

the end

of the

f

isc al

ye

ar

ex

cept to

disc

harg

e

a liab

ility incu

rred in

tha

t fis

cal year.

2 If

the lia

bilit

ies

fo

r an

ap

prop

riati

on

und

er

s

ubse

ction

1

ex

cee

d the

unex

pen

ded bala

nce of

t

he

app

rop

ria tio

n

at the en

d of the

fisca

l year

, the ex

cess mu

st

be

a

ch

arge

d

ag

ainst a s

uit ab

le

a

ppro

priat

ion

for

th

e

fo

llow

ing fisc

al y

e ar ; a nd

b

rep

ort ed

in

th

e

f

inan

cial st

atem

ents

for

th

e fisca

l

yea

r

in

w

hic h t

he liab

ility

was in

cu rr

ed

Requisitions

for

aym

ent

40.

l No

mo

ney may

be

p

aid

out of any a

ccou

nt with

out a req

uisi

tion

for

p

ayme

nt as

req u

ired

u

nde

r

th is

section.

2 No

req

uisi

tion may b

e m

ade

or

gi

v en f or pa

yme

nt

of

mo

ney

un le

ss

it s

l

aw fu

l ch arg

e ag

ains

t

an

a

ppro

pri at

ion

or an a

utho

rize

d use

o

f m

one

y

in

tr

ust .

3

No re

quis

ition m

ay

be

m

ade or g

ive n

f

or p

aym

ent

of

mo

ney tha

t

re

sul ts

in

ex

pend

iture

s

f

rom

a

tr

ust a

cco u

nt

in

exc

ess of the

un

expe

nded

bal

ance of

the trus

t

acc

oun t

.

4

No re

quis

ition may

be

mad

e

or

give

n for p

aym

ent of mo

ney th

at red

uces the

ba

lance a

va ila

ble

in

an

appr

op ria

tio n

or

trust

a

ccou

nt

so

tha t it s

no t

su

ffi cien t

to

meet

the

commitments chargeable

against

it.


22/51

5 A requ

isiti

on

may app

ly

t

o

one o

r

m

ore

ex

pend

iture

s

char

geab

le

ag

ainst

one

or

more

a

pp ro

pria

tio ns

.

6

A

requ

isitio

n

mus

t

id

entif

y th

e ap

prop

riatio

n

or tr

us t a

ccou

nt

ou

t of w

hich p

aym

ent

is

t

o be

mad

e

and m

ust i

nclu

de

a s

tatem

ent cer

tifyi

ng t

ha t

th

e

e

xpe

nditu

re

is no

t pro

hibi

ted u

nde

r t

his se

ctio

n a

nd

that

it

is

a

in

acc

orda

nce

wi

th the app

ropr

iatio

n id

entif

ied

in the ce

rtifie

d

sta te

men

t;

or

b a

llow

ed wi

thou

t

the au

tho ri

ty

of

an

a

ppro

pria

tion

und

er

th

is

L

aw.

7

If

a

req

uisi

tion

i

s

fo

r the

pay

men

t

of

p

erfo

rma

nce of

wor

k

o

r s

erv ic

es

or t

he s

upp

ly o

f goo

ds, th

e

re

quisi

tion

must

inclu

de

a s

tatem

ent ce

rtify

ing

tha t

a

the wo

rk

or s

ervic

es ha

ve be

en

p

erfo

rme

d or the

g

ood

s s

uppl

ied , a

ny co

nd it

ions

in

an

a

greem

ent

r

espe

ctin

g the

w

ork ,

serv

ices or

g

ood

s

ha

ve

bee

n me

t an

d t

he pri

ce c

harg

ed o

r am

oun

t

to b

e paid

is i

n

acc

orda

nce

with an

agre

eme

nt

or,

if

no

t spec

ified

by agr

eem

en t,

is

reasonable;

or

b

if pa

yme

nt i

s to

be m

ade

bef

ore

com

pleti

on of

the

w

ork

or s

ervi

ces,

del

ivery

of

the

goo

ds

or

sati

sfa c

tio n

of

any co

ndit

ions in a

n

ag r

eeme

nt,

the pa

yme

nt

is in a

ccor

dan

ce w

ith

th

e agre

em e

nt.

8

Th e

sen

ior man

ager

or the

sen

ior

fin a

nc ia

l

of

ficer

mus

t a

utho

rize

paym

ent

o

ut

o

f, o

r sig

n

a

req

uisi

tion

fo

r

pay

men

t f

rom

,

a

tru

st ac

coun

t.

9

Th e tax a

dmi

nistr

ator

m

ust a

utho

riz e p

aym

ent

ou t

of

a loc

al reven

ue

acco

un t.

1

0

Sub

jec t

to sub

secti

on

9,

the sen

ior m

ana

ger o

r s

enio

r

f

inan

cial

off

ice r

may

au

thor

ize

a

pa

ym e

nt

ou t

of

,

or

s

ign

a req

uisiti

on

f

or

pa

ym en

t fro

m, an

y

appr

op ria

tion

.

1 1

Su

bje ct

to subs

ectio

ns 8

an

d

9

,

a

p

erso

n w

ho is

re

spon

sible

rolling river first nation - financial administration law 2014

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