Timeline of history of First Nations Gazette
1987 – FIRST NATION INDIAN ACT BY-LAWS WERE EXEMPTED FROM PUBLICATION IN THE CANADA GAZETTE
On June 15, 1987, the Statutory Instruments Regulations were amended to exempt all by-laws passed by Indian and councils under sections 81, 83 and 85.1 of the Indian Act from the examination, publication and registration requirements of the Statutory Instruments Act (meaning by-laws would not be registered in the Canada Gazette). However, First Nations would be responsible for taking reasonable steps to provide notice of any by-laws and to provide any person the right to
inspect the by-law and obtain a copy.
The Gazette was developed by the Indian Taxation Advisory Board – the predecessor to the First Nations Tax Commission – as a response to the growing need to provide public notice of First Nation legislation as First Nations increasingly exercise and expand their legislative jurisdiction. The vision for the Gazette was to provide official notice of and access to First Nation laws, particularly those dealing with property taxation matters. Since its inception, the Gazette has enabled those engaged with reserve lands to access the governing First Nation’s property taxation legislation.
1997 – THE GAZETTE OFFICIALLY LAUNCHED
2007 – LEGISLATED MANDATE TO PUBLISH THE FIRST NATIONS GAZETTE
The First Nations Tax Commission is mandated, pursuant to section 34(2) of the First Nations Fiscal Management Act, to publish the Gazette. The First Nations Tax Commission publishes the Gazette with the support of the Native Law Centre, and its publication is governed by the Commission.
First published in 2009, the online edition provides a searchable database of First Nation laws, by-laws, and other enactments published in the Gazette. It also provides an online source for sample local revenue and financial administration laws under the First Nations Fiscal Management Act, sample section 83 Indian Act by-laws, First Nations Tax Commission Standards and Procedures, and First Nations Financial Management Board Standards.
2009 – FIRST ONLINE EDITION AVAILABLE WITH SEARCHABLE DATABASE
2012 – THE GAZETTE LAUNCHES ITS PUBLIC NOTIFICATION SERVICE
In 2012, the Gazette launched a public notification service for First Nations wishing to provide public notice of proposed annual tax rates on the Gazette website. Notice of annual tax rates is required for all First Nations taxing under either the First Nations Fiscal Management Act or section 83 of the Indian Act.
Starting in 2013, the public notification service was expanded to allow other governments (federal, territorial, provincial and municipal), institutions, corporations, law firms and individuals to use the Gazette public notification service.
2013 – PUBLIC NOTIFICATION SERVICE EXPANDS
2014 – GAZETTE TRANSITIONS TO AN ELECTRONIC PUBLICATION AVAILABLE FREE AND ONLINE
In 2014, the FNG transitioned to an exclusively electronic publication and is freely available on the Gazette website.
The Indian Act Amendment and Replacement Act was passed by Parliament. As a result, First Nations are able to put into force their s. 81 and s. 85.1 by-laws by publishing them in the First Nations Gazette. Alternatively, they may post them on their own website or in a local newspaper. This provides First Nations with autonomy over the enactment and coming into force of by-laws and the day-to-day governance of their communities.
2015 – THE INDIAN ACT AMENDMENT AND REPLACEMENT ACT INCLUDES FIRST NATION GAZETTE OPTION
2016 – ONLINE ACCESS TO S. 81 AND S. 85.1 BY-LAWS
The Gazette completed an intensive project digitizing close to 3,000 First Nation by-laws, currently in force, and passed pursuant to s. 81 and s. 85.1 of the Indian Act. By-laws passed under s.81 provide powers to band councils for the governance of their community while by-laws passed under s. 85.1 provide for the regulation of intoxicants.
The Gazette is widely used by First Nation governments, First Nation members and citizens, the public, the courts and legal professionals. The steady use and feedback from users ensure the Gazette will remain adaptable and relevant.
TODAY
FUTURE
As First Nations continue to expand their jurisdiction and take on more responsibilities, the Gazette looks forward to a future of evolving to respond to these important changes and continue to serve as the primary vehicle for publishing notices and providing access to their legislation.