The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 2nd day of June, 2011
Ian D. Izard, Q.C., Law Clerk
20.1.1 The Parties acknowledge they each have a role in supporting Yale First Nation, through direct or indirect financial support or through access to public programs and services, as set out in the Fiscal Financing Agreement or provided through other arrangements.
20.1.2 Every five years, or other periods as may be agreed, the Parties will negotiate and attempt to reach agreement on a Fiscal Financing Agreement that will:
a. set out the Agreed-Upon Programs and Services, including, where appropriate, the recipients of those programs and services;
b. set out the responsibilities of each of the Parties in respect of the Agreed-Upon Programs and Services;
c. set out the funding for Agreed-Upon Programs and Services;
d. set out the contribution of Yale First Nation to the funding of Agreed-Upon Programs and Services from its own source revenues as determined under 20.1.4 and 20.1.5;
e. set out mechanisms for the transfer of funds to Yale First Nation from Canada or British Columbia;
f. set out procedures for:
i. the collection and exchange of information, including statistical and financial information, required for the administration of Fiscal Financing Agreements;
ii. dispute resolution in relation to Fiscal Financing Agreements;
iii. accountability requirements, including those respecting reporting and audit, of Yale First Nation;
iv. negotiating the inclusion of additional programs and services to the list of Agreed-Upon Programs and Services within a Fiscal Financing Agreement;
v. addressing exceptional circumstances and emergencies; and
vi. negotiation of subsequent Fiscal Financing Agreements; and
g. address other matters as agreed to by the Parties.
20.1.3 In negotiating a Fiscal Financing Agreement, the Parties 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 the Fraser Valley Regional District;
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. the costs of operating Yale First Nation Government;
d. existing levels of funding provided by Canada or British Columbia;
e. prevailing fiscal policies of Canada or British Columbia;
f. the location and accessibility of communities on Yale First Nation Land;
g. the jurisdictions, authorities, programs and services assumed by the Yale First Nation Government 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 persons eligible to receive Agreed-Upon Programs and Services; and
j. other matters as agreed to by the Parties.
20.1.4 In negotiating Yale First Nation's contribution to the funding of Agreed-Upon Programs and Services under 20.1.2d, the Parties will take into account:
a. the capacity of Yale First Nation to generate revenues;
b. the existing Yale First Nation own source revenue arrangements negotiated under this Agreement;
c. the prevailing fiscal policies with respect to 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 Yale First Nation to generate revenues;
e. that the reliance of Yale First Nation on fiscal transfers should decrease over time as it becomes more self-sufficient; and
f. other matters as agreed to by the Parties.
20.1.5 In negotiating the own source revenue contribution of Yale First Nation to the funding of Agreed-Upon Programs and Services under 20.1.2d, unless otherwise agreed:
a. own source revenue arrangements will not include:
i. the capital transfer received under this Agreement, in the manner set out in the initial agreement in respect of own source revenues;
ii. proceeds from the sale of Yale First Nation Land;
iii. any federal or provincial payments under Fiscal Financing Agreements or other agreements for programs and services with Yale First Nation;
iv. gifts or charitable donations;
v. amounts received as compensation for specific losses or damages to property or assets;
vi. a Specific Claim Settlement; and
vii. other sources agreed to by the Parties, and
b. own source revenue arrangements will not permit:
i. Canada to benefit from the decision of British Columbia to vacate tax room or to transfer revenues or tax authorities to Yale First Nation; or
ii. British Columbia to benefit from the decision of Canada to vacate tax room or to transfer revenues or tax authorities to Yale First Nation.
20.1.6 If the Parties 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. will continue in effect for up to two years from its original expiry date, or for such other period of time as the Parties may agree to in writing; and
b. will terminate on the earlier of:
i. the expiry of the extended term determined in accordance with 20.1.6a; or
ii. the date of commencement of a subsequent Fiscal Financing Agreement.
20.1.7 Unless otherwise agreed to by the Parties in a Fiscal Financing Agreement, the creation of the Yale First Nation Government, the provision of Yale First Nation Government law-making authority in this Agreement or the exercise of a Yale First Nation Government law-making authority does not create or imply any financial obligation or service responsibility on the part of any Party.
20.1.8 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 Parliament;
b. in the case of British Columbia, by the Legislature of British Columbia; or
c. in the case of Yale First Nation, by the Yale First Nation Government.