First Nations Tax Commission – Commission de la fiscalitè des premières nations
New Process for the publication of Land Code Amendments and Other First Nation Enactments that are not Signed by Chief and Council in the First Nations Gazette

New Process for the publication of Land Code Amendments and Other First Nation Enactments that are not Signed by Chief and Council in the First Nations Gazette

In September, the Policy respecting Publication in the First Nations Gazette, 2019 was revised to create a process for the publication of Land Code amendments and other First Nation enactments that are not signed by Chief and Council.

The process balances the need to protect the integrity of the First Nations Gazette (the “Gazette”) with the need to ensure that First Nations are able to submit all of their enactments for publication in the Gazette.

The key component of the new submission process is the requirement that the First Nation submit a certified true copy of a land code amendment or other enactment that is not signed by Chief and Council. A certified true copy is a reproduction of the original document that is certified as a genuine reproduction. A certified true copy is required in order to ensure that the duly enacted version of the enactment is submitted for publication.

The person who certifies the true copy must be authorized to do so by the First Nation. The person could be, but does not need to be, a lawyer. They could also be the First Nation’s law registrar or clerk, Chief, councillor, administrator or another employee.

The person submitting the enactment for publication will need to complete a submission form, which confirms the date on which the enactment was approved, that it was duly approved in accordance with the First Nation’s requirements or the requirements set out in the Land Code, and that the person who created the certified true copy was authorized to do so by the First Nation.

Setting requirements for the submission process protects the Gazette’s integrity by ensuring that First Nations submitting enactments for publication and users of the Gazette can be confident that all enactments published in the Gazette have been duly enacted by a First Nation. Providing flexibility around who can certify the true copy respects the ability of First Nations to create different processes while reducing unnecessary barriers to publication in the Gazette.

See the announcement and forms on the First Nations Gazette website.

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