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Public Notice Submission Guide and Policy Directive

 

Public Notice Submission Guide

The purpose of this guide is to provide instructions for submitting public notices for publication in the First Nations Gazette (the “Gazette”). Notices are published in Part I of the Gazette.

In addition to this Guide, you are also advised to consult the Policy Directive respecting the First Nations Gazette Public Notification Service.

  

Publishing Notices

Who May Place a Notice

The public notification service is available to anyone wanting to post a public notice within the accepted categories of notices.  This includes, but is not limited to, First Nation governments, other governments, government institutions, Aboriginal organizations, and the private sector.

Registration

In order to submit a notice for publication, a person must first register for an account.  Only an account holder may request the publication of a notice.

Placing a Notice

Notices are submitted through an online submission process using a registered account.  This account is also used to modify saved notices, cancel or edit notices, view account status, view postings history, and more.

Viewing Published Notices

All notices published in the Gazette are available online at for viewing at http://www.fng.ca/.

 

Notice Submission

Categories of Notices Accepted for Publication

The following categories of notices are accepted for publication:

(1) Notices and announcements by First Nation governments
  • Notice under or relating to federal First Nations legislation; 
  • Notice of First Nation laws and by-laws;
  • Notice of a policy, procedure or standard; 

Notes:

  • Federal First Nations legislation includes, but is not limited to, the First Nations Fiscal Management Act (FMA), the Indian Act, the First Nations Land Management Act, the First Nations Goods and Services Tax Act, the First Nations Elections Act, the Budget Implementation Act, and the Specific Claims Tribunal Act;
  • First Nation laws include those enacted under the FMA;
  • First Nation by-laws include those enacted under section 83 of the Indian Act
  • Policies, procedures or standards established by First Nations governments

Examples of notices:

  • Section 6 notice under the FMA(notice of proposed local revenue laws and invitation to make representations);
  • Publication of proposed First Nations tax rates.
  • Notice relating to elections or referenda;
  • Notice relating to appointments;  

Examples of notices:

  • Notice of band elections; 
  • Notice of a land designation vote under section 39 of the Indian Act;
  • Appointment of a Band Manager or other official.
  • Notice relating to lands; and

Notes:

  • Relating to lands includes treaty land entitlement, designations, land management, additions to reserve and expropriation.

Examples of notices:

  • Notice of intention to issue permit under section 28(2) of the Indian Act;
  • Notice of a community approval process under the First Nations Land Management Act.
  • Notice relating to claims and settlements.

Examples of notices:

  • Notice to members of a distribution to members from a settlement.

 

(2) Notices and announcements by governments 
(federal, territorial, provincial and municipal) and government institutions
  • Notice under or relating to legislation; 

Examples of notices:

  • Notice by the Canada Revenue Agency that a First Nation has enacted an FNGST law.
  • Notice relating to consultations and public input;

Notes:

  • This category includes notices of proposed policies, procedures or standards under the FMA.

Examples of notices:

  • Notice of consultation with First Nations under environmental assessment legislation;
  • Consultations by the Minister with First Nations under the Indian Oil and Gas Act;
  • Notice by the First Nations Tax Commission of an opportunity to provide public input on proposed amendments to standards.
  • Notices relating to appointments; and

Notes:

  • This category includes notices of appointments made by government institutions.

Example of notice:

  • Announcement of newly appointed Chief Executive Officer to an aboriginal institution.
  • Notices relating to Aboriginal and treaty rights.

Example of notice:

  • Notice of changes to the Fisheries Act relating to the aboriginal fishery.

 

(3) Notices and announcements by corporations, law firms and other persons
  • Notice under or relating to legislation;

Example of notice:

  • Notice by a law firm of certification of a class action lawsuit relating to an indigenous issue.
  • Notice relating to consultations and public input;

Example of notice:

  • A project proponent giving notice of a public information session on the proposal.
  • Notice relating to orders and decisions, and legal proceedings;

Examples of notices:

  • A Hearing Order issued by a review panel for a pipeline project.
  • Notice by a law firm of a settlement of a class action lawsuit.
  • Notice relating to awards and appointments.

Notes:

  • This category includes the Order of Canada, honorary doctorates, and other awards.

Example of notice:

  • Notice of an aboriginal recipient of an Order of Canada, or appointment to a board of directors.

Content Not Accepted for Publication

The Gazette reserves the right to refuse to publish any notice. The Gazette will not accept or publish notices containing:

  • Advertising; 
  • Content of a personal nature; 
  • Offensive or defamatory content; 
  • Critical political content; 
  • False, inaccurate, misleading or fraudulent information.

The Gazette will not accept or publish a notice that may contravene any law or infringe any other person’s rights.

Online Submission Process

To begin the submission process, sign in to your Gazette account.

From your personal account page, choose to launch the submission wizard.

The wizard will guide you through the four submission steps:

  1. Enter basic notice information: Title, Category, Requested Posting Dates.
  2. Choose the type of notice submission:
    • Upload your own file, or
    • Edit online.
  3. Based on your selection in step 2, either
    • Upload your own Microsoft Word document (.doc or .docx file formats only), or
    • Edit using the web-based text editor.
  4. Review the charges for the submission, and
    • Either temporarily save the notice to edit and submit later, or
    • Proceed to Checkout and confirm your notice submission.

Publication Schedule

Notices must be submitted at least five (5) business days before the requested publication date, to allow sufficient time for processing and for making any changes (if required).

Notices are published on an on-going basis, as and when a notice is reviewed and approved for publication.

A posting will be published to Part 1 of Gazette on the date indicated in the notice submission (subject to review and publication approval).

An email notification will be sent to the submitter when the notice is published.

Official Languages

The Gazette will accept notices in either of the official languages of Canada (i.e. English and French).

A notice may be submitted in one language only or in both (bilingual).

The submitter is responsible for any required translations.

Cost of Service

Access to the FNG and publication of notices, laws and by-laws, land codes, and account registration are free of charge.

Submission Review

Status of Submission

The status of a notice submission is available in Notice Submission History within a Gazette account.

The following status indicators may be associated with your submissions:

Status

 Details

Pending 

Notice has been submitted and placed in queue pending review.

In review

Notice is being reviewed by an editor. (See Review Process)

Approved

Notice is approved for publication and will be published on requested date.

Rejected

Notice needs to be edited and re-submitted

Possible reasons for rejection include, but are not limited to:

·  Errors in spelling, punctuation, or grammar;

·  Incorrect category of notice selected;

·  Content unclear; or

·  Clarification or additional information needed.

Declined

A Notice that does not meet requirements will not be published. Declined submissions cannot be re-submitted.

Possible reasons for declining a submission include, but are not limited to:

·  The notice does not fall under the accepted categories of notices;

·  The content of the notice is not acceptable;

·  The notice contains advertising; or

·  The notice is of a personal nature.


Review Process

Once review has begun, the status of the submission will change to “In review”.

An editor will review your submission for the following:

  • All required information has been provided (such as notice title and publication dates);
  • Grammar;
  • Formatting or layout or style; and
  • Other copy editing, as appropriate.

The submitter will be advised of any necessary changes to a notice submission. If changes are required, a submission may be rejected, with a request that the submission be modified and re-submitted.

Legal reviews will notbe conducted on notices and submitters will notbe given advice on any legal or substantive aspect of a notice.  If legal advice is deemed appropriate or necessary, please ensure that the notice has been reviewed by legal counsel prior to submission to the Gazette for publication.

Changes and Cancellations

The ability to change, correct or cancel a notice depends on the status of your submission. The option to cancel or edit is available in the [Notice Submission History] page of a Gazette account.

Cancelling or Making Corrections to a Notice

A notice can be edited only before it has been submitted. A notice can be cancelled at any point before it is published, including after a notice has been approved and when a notice has been rejected.

If a notice is declined, it will automatically be cancelled. Declined notices cannot be resubmitted.

A notice cannot be cancelled, edited, or removed from the Gazette after it has been published. A new notice may be submitted for the purpose of retracting or correcting a published notice. A request to provide a link to the retracted or corrected notice can be included with the new notice.

Enquiries

General Enquiries

For general enquiries and technical support, please send a message using the online countact us form.

Account holders can send a message to the administrator directly through the Communication board when logged into their on-line account.

Additional help information is also available in FAQs and About Notices.

Account Termination

To inquire about closing your FNG account, please email notice@fng.ca.

 

Policy Directive Respecting the Public Notification Service 


PART I
PREAMBLE

WHEREAS:

  1. Policy directives are established by the Commission to further the policy objectives of the Commission and to assist the Commission in fulfilling its statutory obligations under the First Nations Fiscal Management Act;
  2. A Memorandum of Understanding (MOU) between the Commission and the Minister of Indian Affairs and Northern Development provides for the Commission to review and recommend section 83 by-laws for ministerial approval;
  3. The Commission owns and oversees the operation of the First Nations Gazette, a print and online publication thatprovides public notice of First Nation laws and by-laws, and serves as the authoritative reference for First Nation law in Canada;
  4. The Commission contracts with the Native Law Centre of the Univeristy of Saskatchewan to undertake the editing and publication of the First Nations Gazette subject to oversight by the Commission and a Commission-appointed Editorial Board; and
  5. The First Nations Gazette provides an online public notification service for the publication of notices by First Nation governments, other governments, government institutions, and the private sector.

PART II
PURPOSE

The purpose of this Policy Directive is to set out the scope and operation of the First Nations Gazette public notification service and to provide procedures for the use of the Service. This Policy Directive governs the operation and use of the public notification service.

PART III
DEFINITIONS

In this Policy Directive:

“Act” means the First Nations Fiscal Management Act, S.C. 2005, c.9, and the regulations enacted under that Act;

“business day” means a day other than a Saturday or a holiday;

 “Client” means a person who uses the Service to publish a Notice;

“Commission” means the First Nations Tax Commission established under the Act;

 “First Nation” means a band as defined in the Indian Act or an aboriginal group that is not a band but is a party to a treaty, land claims agreement or self-government agreement with Canada;

“FNG” means the First Nations Gazette, a print and online publication;

“FNG Operator” means the Native Law Centre of the University of Saskatchewan, and its directors, operators, employees, agents and contractors;

“FNG website” means the website of the First Nations Gazette, being http://www.fng.ca;

“government institution” means any board, commission or other body established to perform a government function by or pursuant to federal or provincial legislation; 

“Notice” means a notice submitted for publication using the Service;

“Service” means the public notification service for the publication of Notices on the FNG website;

“Submission Guide” means the First Nations Gazette Public Notification Service Submission Guide, published by the Commission from time to time; and

“Terms of Service” means the Terms and Conditions of Service, setting out the terms and conditions for using the Service and accessing the FNG website.

Except as otherwise provided in this Policy Directive, words and expressions used in this Policy Directive have the same meaning as in the Act.

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PART IV
PROVISION OF PUBLIC NOTIFICATION SERVICE 

1.  Responsibilities

1.1  The FNG Operator is responsible for the on-going operation of the Service, including

(a)  the development, administration and maintenance of the FNG website and associated technologies required to provide the Service; and

(b)  the processing and publication of Notices submitted for publication using the Service.

1.2  The Commission may develop, publish and revise as it determines necessary from time to time

(a)  the  Submission Guide; and

(b)  the Terms of Service.

2.  Scope and Limitations of Service

2.1  The Service is an online public notice publication service only and is not published in print format.

2.2  All aspects of the Service may only be accessed online, including registration of accounts, submission of Notices, payment, and publication.

2.3  The FNG website is accessible to the public for viewing and to Clients for Notice submissions at all times, subject to both scheduled and unexpected interruptions due to system maintenance, and power or service outages.

2.4  The FNG Operator will give notice on the FNG website of all scheduled interruptions to the Service.

2.5  In no circumstances will the Commission or the FNG Operator be responsible for interruptions in the Service, whether arising out of the actions or inactions of the Commission or the FNG Operator, or otherwise.

3.  Format and Location of Published Notices

3.1  Notices accepted for publication are published on the FNG website in electronic format.

3.2  Notices are published on the FNG website at the location determined by the FNG Operator from time to time.

3.3  Published Notices may be viewed by the public on the FNG website.

3.4  After a Notice has been published on the FNG website for the requested time period, the FNG Operator may in its discretion

(a)  continue to publish the Notice on the FNG website; or

(b)  archive the Notice to a different location on the FNG website or to a different location, including a different server.

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4.  Accepted Notices

4.1  The following categories of Notices are accepted for publication:

(a)  Notices and announcements by First Nation governments, including those

(i)  under or relating to legislation, such as the Act, the Indian Act, the First Nations Land Management Act, and the First Nations Goods and Services Tax Act;

(ii)  under First Nation laws and by-laws;

(iii)  under a policy, procedure or standard of the Commission, other institution or government;

(iv)  relating to elections and referenda conducted by the First Nation government;

(v)  relating to appointments made by the First Nation government;

(vi)  relating to lands, including treaty land entitlement, designations, land management, additions to reserve and expropriation; and

(vii)  relating to claims and settlements.

(b)  Notices and announcements by governments (federal, territorial, provincial and municipal) and government institutions, to First Nations, stakeholders and the public, including those

(i)  under or relating to legislation;

(ii)  relating to consultations and public input;

(iii)  relating to proposed policies, procedures or standards under the Act;

(iv)  relating to appointments made by governments and government institutions; and

(v)  relating to Aboriginal and treaty rights.

(c)  Notices and announcements by corporations, law firms and other persons respecting Aboriginal matters, including those

(i)  under or relating to legislation;

(ii)  relating to consultations and public input;

(iii)  relating to orders and decisions;

(iv)  relating to awards, including the Order of Canada and honorary doctorates; and

(v)  relating to legal proceedings.

4.2  Notices that contain advertising, are personal in nature, may constitute offensive or critical political content, or are otherwise contrary to the Policy Directive or the Terms of Service, will not be accepted for publication.

4.3  The FNG Operator may determine in its sole discretion whether a submitted Notice meets the criteria for publication in the FNG.

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5.  Publication Schedule

5.1  Subject to subsection 5.2, Notices will be published on an on-going basis, as and when a Notice is accepted and approved for publication.

5.2  The FNG Operator may in its discretion establish and publish on the FNG website a schedule for the publication of Notices.

PART V
USE OF PUBLIC NOTIFICATION SERVICE

6.  Use of Service

6.1  Access to and use of the Service is provided on the terms and conditions, and subject to the requirements, set out in

(a)  this Policy Directive,

(b)  the Submission Guide, and

(c)  the Terms of Service.

6.2  A Client shall at all times comply with the terms, conditions and requirements referenced in subsection 6.1 when accessing and using the Service.

6.3  Each Client must accept and agree to be bound by the Terms of Service at the time of registration for an account, as a condition of using the Service.

7.  Access to Service and Notice Submission

7.1  The Service may be accessed online at the FNG website.

7.2  To use the Service, a Client must

(a)  register for an account;

(b)  access the Service through the Client’s account; and

(c)  use the online submission form to submit a Notice for requested publication.

8.  Submission Requirements

8.1  A Client shall provide, with each Notice submitted:  

(a)  the requested date by which the Notice is to be published;

(b)  the number of days for which the Notice is to remain published;

(c)  any additional instructions respecting the format or content of the Notice; and

(d)  payment in full of all applicable charges for publication of the Notice. (*2014 Promotional offer: Publication of notices is currently free of charge.)

8.2  A Client must submit a Notice for requested publication by 12 noon (Central Standard Time) ten (10) business days before the requested publication date.

9.  Client Responsibility

9.1  A Client is solely responsible for all aspects of a submitted Notice, including for ensuring that a Notice is provided in the form, with the content, within the time frame, and for the duration required by

(a)  this Policy Directive;

(b)  any applicable enactment, including a statute, regulation, law or by-law; and

(c)  any other applicable policy, procedure or standard established by the Commission, other institution or government.

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10.  Review and Acceptance

10.1  The FNG Operator will process and review submitted Notices

(a)  on business days;

(b)  in the order they are received; and

(c)  where possible, within ten (10) business days of receipt.

10.2  The FNG Operator will review a Notice to determine whether all FNG submission requirements are met, and will in no circumstances advise a Client on any legal or substantive aspect of a Notice.

10.3   After reviewing a Notice under subsection 10.2, the FNG Operator will,

(a)  where a Notice meets all submission requirements, advise the Client that the Notice is accepted for publication and the anticipated publication date;

(b)  where a Notice does not meet all submission requirements, is incomplete, or contains errors or omissions, advise the Client

(i)  that the Notice will not be published as submitted;

(ii)  the reasons the Notice will not be published as submitted, and any errors or omissions in the Notice; and

(iii)  whether there is sufficient time for corrections to be made to the submission before the requested publication date.

10.4  The FNG Operator may edit a Notice submitted for publication

(a)  by making changes to the font, format and style to meet submission requirements; and

(b)  with the approval of the Client, by making changes to the content of the Notice, provided that any such edits shall be approved by the Client before publication.

11.  Official Languages

11.1  Notices are accepted for publication in either of the official languages of Canada.

11.2  A Client may submit a Notice for publication in both official languages.

11.3  A Notice shall be published in the language or languages in which it was submitted or translated.

11.4  The FNG Operator shall maintain a list of translation service providers as an informational resource for a Client who requires a Notice to be translated for publication in both official languages.

11.5  Neither the FNG Operator not the Commission warrants or guarantees the work undertaken by any translation service provider listed, and the Client accepts all risk and responsibility in using the translation service.

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12.  Rates and Payment

(*2014 Promotional offer: Publication of notices is currently free of charge.)

12.1  The cost of placing a Notice is determined using the following rates:

(a)  $50.00 for a Notice of up to 2500 characters, and

(b)  $10.00 for each additional 1000 characters,

not including applicable taxes.

12.2  A Client shall pay the cost of the Notice in full at the time of submitting the Notice publication request.

12.3  The FNG Operator shall not review and process a submitted Notice until payment is made in full by the Client.

12.4  The FNG Operator accepts Visa and MasterCard only as online payment for Notices.

13.  Cancellations and Corrections

13.1  Where a Notice has been submitted for requested publication, a Client may submit a request to cancel the Notice publication if the Notice has not been published on the FNG website. 

13.2  Where a cancellation request is received before the Notice has been reviewed for publication, the FNG Operator shall cancel the publication request and provide a refund of payment to the Client. 

13.3  Where a cancellation request is received after the Notice has been reviewed and approved for publication but before the Notice has been published on the FNG website, the FNG Operator shall cancel the publication request but payment shall not be refunded to the Client.

13.4  Where a cancellation request is received after the Notice has been published on the FNG website, the FNG Operator will advise the Client that the Notice has been published and cannot be cancelled.

13.5  Where a Notice has been submitted for requested publication but has not been reviewed for publication, the Client may submit a correction to the Notice by withdrawing the original version and submitting the corrected version.

13.6  The FNG Operator shall not make corrections to Notices that have been reviewed and approved for publication or that have been published.

13.7  Where a Notice has been reviewed and approved for publication, the Client may submit a cancellation request in accordance with subsection 13.3 and may then submit a new Notice for requested publication.

13.8  Where a Client wishes to retract or correct a published Notice, the Client may

(a)  submit a new Notice for the purposes of retracting or correcting the published Notice; and

(b)  request that the FNG Operator add a “retraction” link to the original Notice to indicate that it has been retracted by the Client.

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PART VI
GENERAL PROVISIONS

14.  Requirements

14.1  The requirements set out in this Policy Directive are in addition to any requirements set out in the Act and in Commission Standards.

PART VII
EFFECTIVE DATE

This Policy Directive is established and in effect as of September 1, 2013.

PART VIII
ENQUIRIES

All general inquiries with respect to this Policy Directive or the publication process should be directed to:

First Nations Gazette
Native Law Centre
University of Saskatchewan
160 Law Building
15 Campus Drive
Saskatoon, SK  S7N 5A6

Email: info@fng.ca

Toll free: 1-855-682-3682

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[Last updated: 2014-04-24]

Use the Name Search to verify a First Nation’s official name and look up variant names.

For consistency and ease of reference, the FNG website uses only the officially registered First Nation names and band numbers.

More information on band names and band name changes can be obtained from Indigenous and Northern Affairs Canada.

 

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