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Bill C-399

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Unfair or Unreasonable Policies and Practices

Notice re unfair policies

12. (1) If the Auditor is of the opinion, based on complaints that have been investigated pursuant to section 5, that a First Nation's policies or practices may result in improper management of its finances, the Auditor may give notice to the First Nation of the changes that the Auditor considers should be made.

Changes to be made

(2) Within ninety days of receiving a notice under subsection (1), the First Nation shall advise the Auditor of the changes that will be made in the First Nation's policies and practices.

Changes unsatisfactory or not made

(3) If the Auditor is not satisfied with the changes proposed under subsection (2), or if on investigation, the Auditor finds that the proposed changes have not been made, the Auditor shall submit a report on the matter to the Minister.

Report referred to Standing Committee

(4) The Minister shall forthwith cause every report received pursuant to subsection (3) to be laid before both Houses of Parliament and it shall be deemed to have been referred to the Standing Committee for review and report to the House of Commons.

Annual report of Auditor

13. The Auditor shall submit to the Minister by April 1 of every year a report on the functions of the office of the Auditor during the previous year and the Minister shall forthwith cause the report to be laid before both Houses of Parliament.

OFFENCES AND PENALTIES

False information

14. (1) Every complainant, First Nation or person acting on behalf of a First Nation, who knowingly provides false information to the Ombudsman or the Auditor in connection with this Act is guilty of an offence.

Refusal to provide information

(2) Every person who refuses or fails to provide information requested by the Ombusman or the Auditor under the authority of this Act is guilty of an offence.

Punishment

(3) Every person who commits an offence under this Act is liable, on summary conviction, to a fine not exceeding $1000.