Highlights of the First Nations Governance Act tabled Friday in the House of Commons by Indian Affairs Minister Robert Nault:
-- Bands will be required to develop codes spelling out how they select leaders, including provisions for size and composition of the council, appeal mechanism, and maximum term of office. Majority of band councils must be elected.
-- Bands will be required to develop codes spelling out how they are managed and relationship of administration to council. Codes would include conflict of interest rules for council members and band employees.
-- Bands will be required to draft clear rules about how money is spent, including rules about annual budgets, control of spending, loans, remuneration, debt, debt management. Bands must provide annual financial statements.
-- Native bands will be subject to Canadian Human Rights Code.
-- Minister of Indian Affairs will have discretionary power to assess financial situation of a band and require remedial measures.
-- Any breaches of codes to be dealt with by a third party who would "fairly and quickly consider complaints." Third party could order council or band employee to take measures to rectify the breach.
-- Changes to law-making powers of bands: they could adopt laws for local purposes such as roads, property damage, traffic, public health; for band purposes such as preservation of culture and language, environmental protection and conservation, spousal rights; for operational purposes such as elections, conflicts of interest, access to information; for law enforcement purposes.
-- Act promises to clarify legal capacities of native bands vis-a-vis contracts and agreements; acquisition, holding and disposing of property; raising, spending, investing and borrowing money; and lawsuits. Reserve lands would not be affected, nor the legal status of bands.
-- Act won't apply to bands now under the following self-governance agreements: Cree-Naskapi Act, Sechelt Indian Band Self-Government Act, Nisga'a Final Agreement Act, and Yukon First Nations Self-Government Act.