Preamble to act, paragraphs (a) and (b) BEFORE amended by 2003-15-4, effective April 11, 2003 (BC Reg 165/2003).
(a) preserve and enhance Native heritage, language and culture,
(b) increase understanding and sharing of knowledge, both within the Native and non-Native communities, and
Preamble to act, paragraph (a) BEFORE amended by 2010-6-1, effective April 1, 2011 (BC Reg 34/11).
(a) preserve, restore and enhance First Nations heritage, language and culture,
Section 1 (1) definition of "First Nations language group" was added by 2010-6-2, effective April 1, 2011 (BC Reg 34/11).
Section 2 (3) BEFORE amended by 2003-15-5, effective April 11, 2003 (BC Reg 165/2003).
(3) The committee is composed of the persons nominated under subsection (2) and appointed by the Lieutenant Governor in Council.
Section 2 (2), (3), (5) and (7) BEFORE amended by 2010-6-3, effective April 1, 2011 (BC Reg 34/11).
(2) The minister must invite each tribal council to nominate a person to represent it on the committee.
(3) The committee is composed of the persons nominated under subsection (2) and appointed by the minister.
(5) Subject to the prior approval in writing of the tribal council that nominated him or her, a member of the committee may designate another person to attend one or more committee meetings in his or her place.
(7) The committee must meet once a year and must recommend to the minister the persons to be appointed under section 3 (2) (b).
Section 2 (5) BEFORE amended by 2023-10-275, effective March 30, 2023 (Royal Assent).
(5) A member of the committee may designate another member of the First Nations language group from which he or she was appointed to attend one or more committee meetings in his or her place.
Section 3 (2) BEFORE amended by 2003-15-6(a), effective April 11, 2003 (BC Reg 165/2003).
(2) The corporation consists of a board of the following members:
(a) 3 members appointed by the Lieutenant Governor in Council;
(b) not less than 6 nor more than 9 members appointed by the Lieutenant Governor in Council from a list of persons recommended under section 2 (7).
Section 3 (4) BEFORE amended by 2003-15-6(b), effective April 11, 2003 (BC Reg 165/2003).
(4) A person may be appointed as a member of the board for more than one term but must not be a member for more than 4 consecutive years.
Section 3 (5) BEFORE amended by 2003-15-6(c), effective April 11, 2003 (BC Reg 165/2003).
(5) The Lieutenant Governor in Council may determine the remuneration of the members of the board and the terms and conditions of their appointments.
Section 3 (7) BEFORE amended by 2003-15-6(d), effective April 11, 2003 (BC Reg 165/2003).
(7) The Lieutenant Governor in Council must designate a member of the board to be its chair.
Section 3 (2) (a) and (b) BEFORE amended by 2010-6-4, effective April 1, 2011 (BC Reg 34/11).
(a) 3 voting members appointed by the minister;
(b) no more than 9 First Nations voting members appointed by the minister from a list of persons recommended under section 2 (7);
Section 6 (1) (a), (c) and (d) BEFORE amended by 2003-15-7, effective April 11, 2003 (BC Reg 165/2003).
(a) to provide capital and operating monies for the creation, maintenance and administration of Native cultural centres and programs throughout British Columbia;
(c) to support and advise ministries of government on initiatives, programs and services related to Native heritage, language and culture;
(d) to advise the government on the preservation and fostering of Native languages and other aspects of cultural development of Native peoples throughout British Columbia;
Section 6 (3) BEFORE amended by 2003-15-8, effective April 11, 2003 (BC Reg 165/2003).
(3) The Minister of Finance and Corporate Relations is the fiscal agent of the corporation.
Section 6 (1) (a), (c) and (d) BEFORE amended by 2010-6-5, effective April 1, 2011 (BC Reg 34/11).
(a) to provide capital and operating monies for the creation, maintenance and administration of First Nations cultural centres and programs throughout British Columbia;
(c) to support and advise ministries of government on initiatives, programs and services related to First Nations heritage, language and culture;
(d) to advise the government on the preservation and fostering of First Nations languages and other aspects of cultural development of First Nations peoples throughout British Columbia;
Section 7 BEFORE amended by 2003-15-8, effective April 11, 2003 (BC Reg 165/2003).
7 Money received by the corporation may be invested by the Minister of Finance and Corporate Relations in investments permitted under section 40 (4) of the Financial Administration Act for money in a trust fund.
Section 8 BEFORE amended by 2003-15-9, effective April 11, 2003 (BC Reg 165/2003).
8 (1) The board must
(a) establish and maintain an accounting system satisfactory to the minister, and
(b) whenever required, render detailed accounts of revenues and expenditures of the corporation for the period or to the day the minister designates.
(2) All books or records of account, documents and other financial records must at all times be open for inspection by the minister or a person designated.
(3) The Minister of Finance and Corporate Relations may direct the Comptroller General to examine and report to the Treasury Board on any or all of the financial and accounting operations of the corporation.
(4) At least once in every year, the accounts of the corporation must be audited and reported on by an auditor appointed by the Lieutenant Governor in Council.
(5) The costs of the audit must be paid by the corporation.
(6) The board must prepare for the minister, after the end of the fiscal year of the corporation,
(a) a report of the corporation on its operations for the preceding fiscal year, and
(b) a financial statement showing the assets and liabilities of the corporation at the end of the preceding fiscal year and the operations of the corporation for that year in the form required by the minister.
(7) The financial statement referred to in subsection (6) must be prepared in accordance with generally accepted accounting principles.
(8) The Financial Information Act applies to the corporation.
(9) The fiscal year of the corporation is a period of 12 months beginning on April 1 in each year and ending on March 31 in the next succeeding year.
(10) The report and financial statement referred to in subsection (6) must be laid before the Legislative Assembly within 90 days following the end of the fiscal year for which the report and statement are made if the Legislative Assembly is then sitting.
(11) If the Legislative Assembly is not sitting, the report and financial statement must be laid before the Legislative Assembly within 15 days after the opening of the next following session.
Section 8 (4) BEFORE amended by 2012-12-113, effective May 14, 2012 (Royal Assent).
(4) At least once in every fiscal year, the corporation must prepare audited financial statements for the preceding fiscal year.
Section 9 (1) BEFORE amended by 2003-15-7, effective April 11, 2003 (BC Reg 165/2003).
(1) By resolution the board may determine the manner in which the funds and property available in each year are to be used and distributed to Native cultural centres and must, in so determining, be governed by the provisions of any gift, devise, bequest or trust.
Section 9 (1) BEFORE amended by 2010-6-6, effective April 1, 2011 (BC Reg 34/11).
(1) By resolution the board may determine the manner in which the funds and property available in each year are to be used and distributed to First Nations cultural centres and must, in so determining, be governed by the provisions of any gift, devise, bequest or trust.
Section 9 (2) BEFORE amended by 2009-13-195,Sch1, effective March 31, 2014 (BC Reg 148/2013).
(2) If, in the opinion of the board, the directions, terms or trusts imposed by a donor, settlor, transferor or testator are no longer in the best interests of the corporation, the board may apply to a judge of the Supreme Court for an order authorizing such variation of the directions, terms or trusts as the court, having the intent of the donor, settlor, transferor or testator in mind, considers will better further both that intent and the best interests of the corporation.
Section 12 BEFORE amended by 2003-52-69, effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).
12 Property vested in the corporation is exempt from taxation under the Local Government Act, the Vancouver Charter, the Taxation (Rural Area) Act and the School Act if the property is being used for the purposes of this Act.
Section 13 (1) and (2) BEFORE amended by 2003-70-148, effective March 29, 2004 (BC Reg 64/2004).
(1) Subject to subsection (2), the Company Act and the Company Clauses Act do not apply to the corporation.
(2) By order the Lieutenant Governor in Council may declare that certain provisions of the Company Act apply to the corporation.