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This Act is current to November 1, 2017
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Maa-nulth First Nations Final Agreement Act

[SBC 2007] CHAPTER 43

Schedule

Maa-nulth First Nations Final Agreement

CHAPTER 18 — FISCAL RELATIONS

18.1.0  FISCAL RELATIONS

18.1.1 Canada, British Columbia and each Maa‑nulth First Nation acknowledge that they each have a role in supporting that Maa‑nulth First Nation, through direct or indirect financial support or through access to public programs and services, as provided for in the Fiscal Financing Agreement or other arrangements.

18.1.2 Every eight years, or other periods as may be agreed, each Maa‑nulth First Nation, Canada and British Columbia will negotiate and attempt to reach agreement on a Fiscal Financing Agreement that will describe:

a. the Agreed-Upon Programs and Services, including recipients of those programs and services;

b. the responsibilities of each of the Maa‑nulth First Nation, Canada and British Columbia in respect of the Agreed-Upon Programs and Services;

c. the funding for Agreed-Upon Programs and Services;

d. the Maa‑nulth First Nation's contribution to the funding of Agreed-Upon Programs and Services from its own source revenues as determined in accordance with 18.1.4;

e. mechanisms for the transfer of funds to the Maa‑nulth First Nation by Canada or British Columbia;

f. procedures for:

i. the collection and exchange of information, including statistical and financial information, required for the administration of the Fiscal Financing Agreement;

ii. dispute resolution in relation to the Fiscal Financing Agreement;

iii. accountability requirements, including reporting and audit, of the Maa‑nulth First Nation;

iv. negotiating the inclusion of additional programs and services to the list of Agreed-Upon Programs and Services within the term of a Fiscal Financing Agreement;

v. addressing exceptional circumstances and emergencies;

vi. negotiating subsequent Fiscal Financing Agreements; and

g. other matters agreed to by the Maa‑nulth First Nation, Canada and British Columbia.

18.1.3 In negotiating a Fiscal Financing Agreement, the applicable Maa‑nulth First Nation, Canada and British Columbia will take into account:

a. the cost of providing, either directly or indirectly, Agreed-Upon Programs and Services that are reasonably comparable to similar programs and services available in other communities of similar size and circumstance in British Columbia;

b. efficiency and effectiveness, including opportunities for economies of scale in the provision of Agreed-Upon Programs and Services, which may include, where appropriate, cooperative arrangements with other governments, First Nations or existing service providers;

c. existing levels of funding provided by Canada or British Columbia;

d. the costs of operating its Maa‑nulth First Nation Government;

e. prevailing fiscal policies of Canada or British Columbia;

f. location and accessibility of communities on its Maa‑nulth First Nation Lands;

g. jurisdictions, authorities, programs and services assumed by the Maa‑nulth First Nation Governments under this Agreement;

h. the desirability of reasonably stable, predictable and flexible fiscal arrangements;

i. changes in price and volume, which may include the number of individuals eligible to receive Agreed-Upon Programs and Services; and

j. other matters as agreed to by that Maa‑nulth First Nation, Canada and British Columbia.

18.1.4 From time to time, each Maa‑nulth First Nation, Canada and British Columbia will negotiate and attempt to reach agreement on the Maa‑nulth First Nation's own source revenue contribution to the funding of Agreed-Upon Programs and Services contemplated by 18.1.2d., taking into account the following:

a. the capacity of that Maa‑nulth First Nation to generate revenues;

b. existing own source revenue arrangements negotiated with that Maa‑nulth First Nation under this Agreement;

c. prevailing fiscal policies in respect of the treatment of First Nation own source revenue in self-government fiscal arrangements;

d. that own source revenue arrangements should not unreasonably reduce incentives for that Maa‑nulth First Nation to generate revenues;

e. that the applicable Maa‑nulth First Nation's reliance on fiscal transfers should decrease over time as it becomes more self-sufficient; and

f. other matters as agreed to by that Maa‑nulth First Nation, Canada and British Columbia.

18.1.5 In negotiating each Maa‑nulth First Nation's own source revenue contribution to the funding of Agreed-Upon Programs and Services in accordance with 18.1.4, unless otherwise agreed:

a. the following are excluded from own source revenue calculations:

i. the Capital Transfer, in the manner provided for in the initial agreement in respect of own source revenues;

ii. resource revenue sharing payments made in accordance with Chapter 17 Resource Revenue Sharing, in the manner provided for in the initial agreement in respect of own source revenues;

iii. proceeds from the sale of the Maa‑nulth First Nation Lands of that Maa‑nulth First Nation;

iv. any federal or provincial payments in accordance with a Fiscal Financing Agreement or other agreements for programs and services with that Maa‑nulth First Nation;

v. interest or income on funds received by that Maa‑nulth First Nation from Canada or British Columbia for a purpose related to the implementation of this Agreement and held in a special purpose fund provided for in the initial agreement in respect of own source revenues, or as agreed to by that Maa‑nulth First Nation, Canada and British Columbia from time to time, provided that the interest or income derived from the investment of funds held in the special purpose fund is used for a purpose or activity that is intended by that Maa‑nulth First Nation, Canada and British Columbia to be funded from that special purpose fund;

vi. gifts or charitable donations;

vii. amounts received as compensation for specific losses or damages to property or assets;

viii. Specific Claim Settlements; and

ix. other sources agreed to by that Maa‑nulth First Nation, Canada and British Columbia; and

b. own source revenue arrangements will not permit:

i. Canada to benefit from a decision of British Columbia to vacate tax room or to transfer revenues or tax authorities to that Maa‑nulth First Nation; or

ii. British Columbia to benefit from a decision of Canada to vacate tax room or to transfer revenues or tax authorities to that Maa‑nulth First Nation.

18.1.6 If a Maa‑nulth First Nation, Canada and British Columbia do not reach agreement on a subsequent Fiscal Financing Agreement by the expiry date of an existing Fiscal Financing Agreement, that Fiscal Financing Agreement:

a. continues in effect for up to two years from its original expiry date, or for such other period of time as that Maa‑nulth First Nation, Canada and British Columbia may agree to in writing; and

b. terminates on the earlier of:

i. the expiry of the extended term determined in accordance with a.; or

ii. the date of commencement of a subsequent Fiscal Financing Agreement.

18.1.7 None of the creation of each Maa‑nulth First Nation Government, the inclusion of Maa‑nulth First Nation Government law-making authority in this Agreement, nor the exercise of a Maa‑nulth First Nation Government law-making authority creates or implies any financial obligation or service responsibility on the part of any Party, other than as described in a Fiscal Financing Agreement.

18.1.8 For greater certainty, where a Maa‑nulth First Nation, Canada and British Columbia agree in the initial Fiscal Financing Agreement that Canada will provide Time Limited Federal Funding for any responsibilities of that Maa‑nulth First Nation specified in that agreement and Canada duly provides the Time Limited Federal Funding, Canada has no obligation to negotiate and attempt to reach agreement on the provision of further funding for any of those responsibilities.

18.1.9 For greater certainty, where a Maa‑nulth First Nation, Canada and British Columbia agree in the initial Fiscal Financing Agreement that British Columbia will provide Time Limited Provincial Funding for any responsibilities of that Maa‑nulth First Nation specified in that agreement and British Columbia duly provides the Time Limited Provincial Funding, British Columbia has no obligation to negotiate and attempt to reach agreement on the provision of further funding for any of those responsibilities.

18.1.10 Any funding required for the purposes of the Fiscal Financing Agreement, or any other agreement that is reached as a result of negotiations that are required or permitted under any provision of this Agreement and that provides for financial obligations to be assumed by a Party, is subject to the appropriation of funds:

a. in the case of Canada, by the Parliament of Canada;

b. in the case of British Columbia, by the Legislature; or

c. in the case of a Maa‑nulth First Nation, by its Maa‑nulth First Nation Government.

Contents | Sections 1 to 31 | Schedule - Contents | Schedule - Preamble | Schedule - Chapter 1 | Schedule - Chapter 2 | Schedule - Chapter 3 | Schedule - Chapter 4 | Schedule - Chapter 5 | Schedule - Chapter 6 | Schedule - Chapter 7 | Schedule - Chapter 8 | Schedule - Chapter 9 | Schedule - Chapter 10 | Schedule - Chapter 11 | Schedule - Chapter 12 | Schedule - Chapter 13 | Schedule - Chapter 14 | Schedule - Chapter 15 | Schedule - Chapter 16 | Schedule - Chapter 17 | Schedule - Chapter 18 | Schedule - Chapter 19 | Schedule - Chapter 20 | Schedule - Chapter 21 | Schedule - Chapter 22 | Schedule - Chapter 23 | Schedule - Chapter 24 | Schedule - Chapter 25 | Schedule - Chapter 26 | Schedule - Chapter 27 | Schedule - Chapter 28 | Schedule - Chapter 29 | Appendix - Contents | Appendix - Introduction | Appendix A | Appendix B | Appendix C | Appendix D | Appendix E | Appendix F | Appendix G | Appendix H | Appendix I | Appendix J | Appendix K | Appendix L | Appendix M | Appendix N | Appendix O | Appendix P | Appendix Q | Appendix R | Appendix S | Appendix T | Appendix U | Appendix V | Appendix W | Appendix X | Appendix Y