First Nations to ‘resist’ complying with financial transparency act

84 First Nations have yet to comply with the transparency act on eve of final deadline

By Susana Mas, CBC News, Nov 25, 2014

Three Western Treaty First Nations say they will “resist” the federal government’s order to comply with the financial transparency act by tomorrow or risk losing federal funding.

The government tells CBC News that 84 First Nations bands have until Wednesday to post their audited financial statements for the last fiscal year, including the salaries and expenses of their chiefs and councillors. The grand majority — 498 out of 582 First Nations bands — have complied.

Under the First Nations Financial Transparency Act, First Nations had 120 days after the first quarter to comply with the new rules. In August, the government gave those holding out another 120 days to meet the new requirements.

First Nations from Treaties 4, 6 and 7 say the federal government is “threatening to withhold funding for non-essential services on Nov. 26” and that if they still don’t comply after that, “funding for essential services will cease on Dec. 12.”

“This tactic is designed to force local compliance to an unjust law by denying families access to essential programs and services,” the Treaty First Nations in Alberta, Saskatchewan and Manitoba said in a written statement on Tuesday.

The office of Aboriginal Affairs Minister Bernard Valcourt said bands who had not complied by August were sent “several formal reminders.”

“If there is no resolution, for bands that are refusing to comply with the law, the government will take action … which could include withholding of funding,” Valcourt’s office said in an email.

“This law was put in place to ensure that First Nation band members have access to the information they require and deserve about basic financial management practices of their chief and council, and to empower them to ensure band revenues are being used for their benefit.”

In a letter dated Oct. 27 obtained by CBC News and sent to at least one First Nations band in Saskatchewan, the Department of Aboriginal Affairs outlines the range of actions the government can take against those who don’t meet the Wednesday deadline.

• On or before Nov. 27, the government could require First Nations bands and councils “to develop an action plan” to ensure their financial statements are posted online “as soon as possible.”
• • On Nov. 27, the government will publish on the Aboriginal Affairs website the names of the bands that have not complied with the new rules.
  • On the same date, the government “may withhold funding for non-essential programs, services, and activities until the requirements are met.”
  • Starting on Nov. 12, the government could choose not to provide funding for “new or additional non-essential programs, services, and activities.”
  • Also on Nov. 12, the government could either “halt funding” or “terminate” funding agreements altogether.

  Valcourt has publicly said that First Nations that don’t follow the law could be subject to “court orders, withholding of non-essential funding and withholding of new funding.”

http://www.cbc.ca/news/politics/first-nations-to-resist-complying-with-financial-transparency-act-1.2849517