At Estrada & Tan we have extensive experience working with First Nation governments to complete and comply with their reporting requirements. These reporting requirements could be quite different to a "settled" First Nation government from a First Nation government not exempted under the First Nations Financial Transparency Act .
We have deep understanding as to the agreements, laws and regulations governing its activities. Our thorough understanding of the unique intricacies in which a First Nation government operates makes us a valuable asset to their organization. We have made numerous advise and recommendations in the improvement of processes and controls with the goal of further improving the programs and services to their members and citizens.
The First Nations Financial Transparency Act creates the following new requirements for each First Nation that is a band as defined in subsection 2(1) of the Indian Act (unless it is a party to a comprehensive self-government agreement given effect by an Act of Parliament):
Yukon Umbrella Final Agreement
The Umbrella Final Agreement was reached in 1988 and finalized in 1990. It is the overall "umbrella" agreement of the Yukon Land Claims package and provides for the general agreement made by most settled Yukon First Nations in a number of areas. The Umbrella Final Agreement contains several main topics from which all remaining topics flow. These include land (Chapter 9), compensation monies (Chapter 19), self-government (Chapter 24), and the establishment of boards and committees and tribunals to ensure the joint management of a number of specific areas.
While the Umbrella Final Agreement provides a framework within which each of the 14 Yukon First Nations will conclude a final claim settlement agreement, all provisions are a part of each First Nation Final Agreement. The Final Agreements contain all of the text of the Umbrella Final Agreement with the additional of specific provisions which apply to the individual First Nation.
The First Nation Final Agreements comprise the actual legal agreements made by the three parties, the Federal Government, the Government of the Yukon, and the individual First Nation. The Final Agreements designate settlement lands and deal with matters of economy, wildlife, land and resource management, and other matters such as heritage.
As each First Nation reaches their Final Agreement, they also reach a Self-Government Agreement. This agreement emerges from Chapter 24 of the Umbrella Final Agreement and lays out the powers, authorities and responsibilities of the individual First Nation government. Under this agreement, the First Nation has the power to make and enact laws in respect of their lands and citizens, to tax, to provide for municipal planning, and to manage or co-mange lands and resources. Each First Nation will have a constitution in place which contains the membership code, establish governing bodies and provides for their powers, and protects the rights and freedoms of the citizens.