Third Reading of Bill C-45, An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act

By: The Hon. Marty Klyne

Share this post:

Red River, Winnipeg

Hon. Marty Klyne: Honourable senators, on the unceded territory of the Anishinaabe Algonquin people, I’m honoured to rise at third reading as sponsor of Bill C-45. As you will recall from our recent debate at second reading, this legislation amends the First Nations Fiscal Management Act to help support economic reconciliation and greater prosperity for First Nations. Having made extended remarks at second reading, in the timeless words of former Senator Baker, “I will be brief.”

To refresh the chamber, Bill C-45 contains important measures to enhance the statute’s opt-in fiscal frameworks for the 348 currently scheduled and participating First Nations, as well as for the First Nations who may choose to opt in and benefit from the legislation in the future.

These improvements will support greater economic self‑determination in relation to tax authorities, financial information, borrowing and infrastructure development and maintenance. Most importantly, this bill will create the First Nations infrastructure institute, a centre of excellence to support First Nations in achieving their aspirations for high-quality, sustainable infrastructure. These changes go hand in hand with rights recognition achieved via the United Nations Declaration on the Rights of Indigenous Peoples, or UNDRIP, in 2021, holding up economic, social and cultural rights.

Thank you to our critic Senator Martin, this chamber and the Indigenous Peoples Committee for moving quickly on this important bill, which was returned to us without amendment. This is a testament to the many years of creative thinking, hard work and advanced consultation that went into Bill C-45. Proponents of this legislation, including Senator Gold, have handed me a sponsor’s dream. In engaging on the details of Bill C-45, however, I understand that the key champions behind this legislation have only made these changes look easy through their vision, determination and attention to detail.

Congratulations again to Ernie Daniels, President and CEO of the First Nations Finance Authority; Harold Calla, Executive Chair of the First Nations Financial Management Board; Manny Jules, Chief Commissioner of the First Nations Tax Commission and Allan Claxton and Jason Calla at the First Nations infrastructure institute development board and their teams. As I said before, along with participating First Nations, this is their bill.

In addition, I would underscore the enthusiasm and dedication of their team. I was delighted to speak with several of their organization’s bright-eyed and valued members in our cafeteria following clause-by-clause proceedings. They are obviously proud to be in the Senate doing their part for economic reconciliation. That conversation put a smile on my face and wind in my sails, and, indeed, this dream is becoming reality.

Thank you and congratulations as well to Minister Miller and his team, including all the officials involved, for their leadership and efforts to advance Bill C-45, resulting in unanimous support in the other place.

These proposed changes to the First Nations Fiscal Management Act broadened and modernized the mandates of the three First Nations-led financial institutions established under the act. This will allow them to provide services that better respond to the growing needs of communities while also creating a fourth institution in relation to infrastructure.

The proposed amendments would assist the First Nations Tax Commission in supporting communities to create local revenue laws that go beyond real property taxation. That would strengthen the education and capacity supports available to communities as they build their economies. These proposed amendments would also expand the services and certification standards of the First Nations Financial Management Board to new client segments, including tribal councils and treaty and self‑governing groups, and ensure strong and diversified Indigenous representation on its board.

There are currently three First Nations in Saskatchewan that have achieved financial management systems, and I’m quite proud of them. In total, $174.2 million in loans have been accessed by First Nations in Saskatchewan. This is an important achievement for First Nations.

In terms of the benefits to communities of participation in the First Nations Fiscal Management Act, today I’d like to share the story of Mistawasis Nêhiyawak Nation and Chief Daryl Watson, who said:

Development and implementation of policies and procedures for day-to-day financial activities will lead to long-term sustainability for Mistawasis Nêhiyawak. It is paramount to develop structure with short-term and long-term strategic plans/work plans for good administrative governance for our Membership, for future generations, and for our business partners.

The community was first added to the First Nations Fiscal Management Act schedule in 2013. Four years later, with the help of the First Nations Tax Commission, it passed property taxation and assessment laws. In 2019, it set tax rates and passed an expenditure law for the first time, collecting more than $80,000 to help support First Nation infrastructure and local services from non-community member farmers who lease agricultural land.

Mistawasis Nêhiyawak takes a modified approach to taxing agricultural land. They determine the average taxes per acre in the adjacent municipality, and they charge taxpayers based on the acres leased.

We’ll pick that up tomorrow.

The Hon. the Speaker: We’ll have to pick that up tomorrow.

(At 4:45 p.m., pursuant to the order adopted by the Senate on June 13, 2023, the Senate adjourned until 2 p.m., tomorrow.)

Hon. Marty Klyne: Honourable senators, having been unable to beat the clock yesterday, I rise to deliver part 2 of my speech as sponsor of Bill C-45, amendments to the First Nations Fiscal Management Act. In the genre of sequels, I’m aiming for the Top Gun: Maverick of Senate third-reading speeches.

I left off speaking about a success story from Saskatchewan regarding the fiscal frameworks for First Nations that this bill enhances.

In terms of the benefits of participation in the First Nations Fiscal Management Act for communities, I’d like to share the story of Mistawasis Nêhiyawak Nation.

I quote Chief Daryl Watson, who said:

Development and implementation of policies and procedures for day-to-day financial activities will lead to long-term sustainability for Mistawasis Nêhiyawak. It is paramount to develop structure with short-term and long-term strategic plans/work plans for good administrative governance for our Membership, for future generations, and for our business partners.

Mistawasis Nêhiyawak is a Cree community located 70 kilometres west of Prince Albert, Saskatchewan. Mistawasis Nêhiyawak First Nation is notable because it was the first in Saskatchewan to receive a Financial Management System Certificate, an FMS Certificate for short, through the First Nations Financial Management Board. This has helped the community make its mark in the business world, creating several prosperous companies that are engaged in a variety of businesses ranging from a gas station and cafe to property management, engineering and an industrial contractor.

The community was first added to the First Nations Fiscal Management Act schedule in 2013. Four years later, with the help of the First Nations Tax Commission, it passed property taxation and assessment laws. In 2019, it set tax rates and passed an expenditure law for the first time, collecting more than $80,000 to help support First Nation infrastructure and local services from non-community member farmers who lease agricultural land. Mistawasis takes a modified approach to taxing agricultural land. They determine the average tax per acre in the adjacent municipality, and they charge taxpayers based on the acres leased. Mistawasis is the first First Nation to successfully implement this approach.

The capacity-building elements provided under the First Nations Fiscal Management Act have helped the community unlock its economic success. To that point, the community’s tax administrator received training at the Tulo Centre of Indigenous Economics, an accredited institution which offers training in local revenue systems and financial management programs. This was instrumental in making Mistawasis’s tax system fully operational.

To sum that up, the FMS Certification process has helped Mistawasis Nêhiyawak develop and implement sound finance and administrative governance practices, build fiscal capacity and strengthen self-determination.

I feel privileged to share that success story with you, a journey of 10 years that demonstrates what is possible when First Nation governments have practical tools for modern fiscal management. And it demonstrates what is possible when we move toward new practices and new ways of doing things, working in full partnership with Indigenous leaders and experts.

To conclude, I would again thank the critic, Senator Martin, the Indigenous Peoples Committee and this chamber for moving swiftly on Bill C-45. I would also offer final congratulations to the champions of economic reconciliation who have created and driven this legislation. My experience as sponsor of Bill C-45 adds to my optimism that Canada and Indigenous peoples are advancing shared prosperity. We have a great distance yet to travel, but we have found the path, with the sun on our face and the wind at our back.

Thank you colleagues for your support. I look forward to Royal Assent of this important legislation.

Thank you, hiy kitatamîhin.

Share this post: