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Terms and Conditions

 

 

TERMS AND CONDITIONS OF SERVICE


Application and Acceptance of Terms and Conditions of Service

These terms and conditions (“Terms of Service”) govern the Client’s use of the Service and the User’s access to the FNG website to view Notices and other Content. These Terms of Service form a contract between the First Nations Tax Commission, as the owner and operator of the FNG and the FNG website, and each of the Clients and Users.  These Terms of Service set out the terms and conditions under which Clients and Users are authorized to use the Service and access the FNG website.  The Commission’s failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provision or rights it may have under these Terms of Service.

Each Client should read these Terms of Service carefully before registering for an account or using the Service.  By registering for an account, the Client accepts these Terms of Service and agrees to abide by them when using the Service or accessing the FNG website. If a Client does not accept or agree to these Terms of Service, the Client should not register for an account or use the Service, and should immediately cease all use of the Service and the FNG website. 

Each User should read these Terms of Service carefully before accessing the FNG website.  By accessing the FNG website, a User accepts these Terms of Service and agrees to abide by them when accessing the FNG website.  If a User does not agree to these Terms of Service, the User should not access the FNG website and should immediately cease all use of the FNG website. 

Modifications to Terms of Service without Notice

These Terms of Service may at any time be modified without prior notice and without any liability to any Client or User. Clients and Users should check the FNG website regularly for changes to these Terms of Service. Modifications shall become effective immediately upon being posted on the FNG website, without further notice to Clients or Users. The continued use of the Service or the continued access to the FNG website after such modifications are posted constitutes the Client’s or User’s acknowledgement and acceptance of all modifications.

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Definitions

In these Terms of Service:

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

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

“Commission Parties” means the Commission and its commissioners, officers, employees, advisors, agents, affiliates, service providers, content providers or licensors;

“Content” means all content or materials contained on the FNG website from time to time;

“External Website” means any website operated by an organization other than the Commission;

“FNG” means the First Nations Gazette, a Commission publication;

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

"Notice" means a notice submitted for publication using the Service;

"Policy Directive" means the Policy Directive Respecting the First Nations Gazette Public Notification Service, as created and amended by the Commission from time to time.

“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, as created and amended by the Commission from time to time; 

“Third Party Content” means a Notice or other Content submitted to the FNG for publication by any person other than the Commission;

“Trademark” means any name, mark, brand, title, slogan, logo, icon, graphic, trade dress or trade name, design and other designation;

“User” means a person who accesses the FNG website; and

“Website Privacy Notice” means the Commission’s Website Privacy Notice that applies to all websites owned and operated by the Commission. 

Access to FNG Website

As a condition of a Client’s or User’s right to access the FNG website, each Client or User represents that he or she is of legal age to enter into a binding contract and that he or she is not barred from accessing the FNG website and the Content under the laws of Canada or another country.

Registration, Accounts and Passwords

Use of the Service requires a Client to register and to provide the Client’s personal information, including a name, e-mail address and a mailing address to the Commission using the FNG website.  When completing a registration, a Client agrees to provide accurate, current and complete personal and other information as required by the registration form, and further agrees to update and keep all information accurate, current and complete.  The Commission may at any time suspend or terminate a Client’s account or use of the Service if it discovers, or has a reasonable basis to believe, that any of the information provided is inaccurate, incomplete or untrue.

A Client will provide a username and password to the Commission when registering for an account.  A Client shall not share the username and password with any other person or authorize any other person to use the Client’s username and password. Each Client is responsible for maintaining the confidentiality of his or her username and password and is fully responsible for all activities that occur under the Client’s username and password. The Client agrees to notify the Commission immediately of any known or suspected unauthorized use of the Client’s username and password or any other breach of the security of the Client’s account. The Commission Parties cannot and will not be liable for any loss or damage arising from a Client’s failure to protect the confidentiality of his or her username and password.

Notice Content

A Client accepts sole and full responsibility for the content of all Notices submitted by that Client for publication using the Service.  When submitting a Notice for publication, the Client represents and warrants:

  • that it has the right, power and authority to submit the Notice;
  • the Notice is not false, inaccurate, misleading and does not contain fraudulent information; and
  • the Notice is submitted in good faith, does not contravene any applicable laws, including any federal or provincial law, nor is it in any way illegal or defamatory or an infringement of any other person's rights.

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Confidentiality

The Internet is not a secure means of communication and the privacy, integrity or authenticity of any communication over the Internet between any User or Client and the Commission cannot be ensured.  The Commission is not responsible for any damages a Client or User may suffer if the Client or User communicates confidential information over the Internet or if the Commission communicates such information to a Client at the request of the Client or as part of the provision of the Service to the Client.

Acceptable Use of Service and Content

Clients and Users assume all knowledge of applicable law and may use the FNG website and the Service only for lawful purposes and in compliance with all applicable laws.  No person shall use the FNG website:

  • in any way that is unlawful, false or fraudulent;
  • to impersonate any person or entity on or through the FNG website;
  • to transmit any unlawful, harassing, libelous, defamatory, abusive, threatening, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation;
  • post or submit any Content or materials that may be considered threatening, abusive, vulgar, obscene, or otherwise objectionable;
  • for the purpose of harming or attempting to harm another person;
  • in a manner that provides any private information about an identifiable person without that person's consent, or that may solicit any personal or private information from any individual;
  • to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (known as spam);
  • to knowingly transmit any data, or send or upload any material, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • to reproduce, republish, distribute, modify, catalogue, duplicate, copy or re-sell any part of the Content except as expressly permitted by these Terms of Service or as permitted pursuant to any fair use, fair dealing or similar provisions under applicable laws; and
  • to access without authority, interfere with, damage or disrupt any part of the FNG website, any equipment or network on which the website is stored, any software used in the provision of the website, or any equipment or network or software owned or used by any third party.

Clients and Users shall at all times access the FNG website and Content, and use the Service, in strict compliance with these Terms of Service, the Policy Directive, the Submission Guide and the Website Privacy Notice.

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Provision of Website and Service

The Commission reserves the right to modify, suspend or discontinue all or any portion of the FNG website or any aspect of the Service with or without notice. The Commission shall not be liable to any Client or User, or any third party, should the Commission exercise such right.

Each Client and User acknowledges and accepts that the Commission does not represent, warrant or guarantee the continuous, uninterrupted or secure access to the FNG website and that operation of the FNG website will not be uninterrupted or error free.  Each Client and User acknowledges and accepts that usage of the FNG website may be interfered with or adversely affected by numerous factors or circumstances that may be outside of the Commission’s control.

Suspension and Termination by the Commission

The Commission may determine, in its sole discretion, whether a Client or a User is in breach of, or has in any way failed to comply with, these Terms of Service.  Any failure to comply with these Terms of Service constitutes a material breach of the terms and conditions on which the Client or User is permitted to use the FNG website and the Service, as applicable.  Where the Commission determines that there has been a failure to comply with these Terms of Service, the Commission may take such action as it determines appropriate, including without limitation

  • issuing of a warning to the Client or User; and
  • suspending or terminating the Client’s account with or without notice.

The Commission may take any other action it determines appropriate, including legal action, and the Commission excludes all liability for actions taken in response to a Client’s or User’s failure to comply with these Terms of Service.

Client Termination

A Client may terminate its account and use of the Service by advising the Commission that it wishes to close the Client’s account. A Client remains fully responsible for any unpaid fees relating to the account at the time of termination.

Limitation of Liability Respecting FNG Website

The FNG website, the Service and the Content are provided on an “as is” and “as available” basis, and are subject to service interruptions, both planned and unplanned.  Each Client and User expressly understands and agrees that it accepts full and sole responsibility for the use of the Service, including a Client’s reliance on the Service to publish a Notice. 

To the fullest extent permitted by law, the Commission Parties expressly disclaim all warranties, representations and conditions of any kind respecting the FNG website, the Service and the Content, whether express, implied or statutory including, without limitation, all implied warranties or conditions of merchantability, merchantable quality, durability, fitness for a particular purpose, title or non-infringement, or arising from a course of dealing, usage, or trade practice. The Commission Parties are not responsible to Clients, Users or any person for the timeliness of delivery of the Service, any failures, errors or omissions in providing or failing to provide the Service, or any erroneous deletion or failure to store a Client’s personal settings or communications. 

Under no circumstances will the Commission Parties be liable to a Client, User or to any person or entity claiming through any of them for any loss or damage (including, without limitation, loss of profit, loss of contracts and other indirect or consequential loss) arising out of or in connection with that person’s access to, use of, inability to use, or reliance on the FNG website, the Service or any Content, whether caused by the negligence of the Commission Parties or otherwise.  

Under no circumstances will the Commission Parties be liable for any damages to a User’s or Client’s computer equipment or other property, including without limitation from any viruses that may infect computer equipment or other property, arising out of or in any resulting from the use of or access to the FNG website or a User’s or Client’s downloading of any of the Content from the FNG website.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, goodwill, revenue or profits, or loss or misuse of payment or financial account data. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if an authorized representative of any Commission Party has been advised of or should have known of the possibility of such damages, and without regard to the success or effectiveness of other remedies.  If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the Commission Parties under such circumstances to a Client, User, or any person or entity claiming through any of them for liabilities that otherwise would have been limited, will not exceed one hundred dollars.  

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Indemnification

Each Client and User agrees to indemnify and hold the Commission Parties harmless from any claim or demand, including reasonable legal fees and costs, made by any third party due to or arising out of that person’s use or misuse of the Service or FNG website, including without limitation the Client or User’s actual or alleged violation of these Terms of Service, or infringement of a third party’s intellectual property or other rights by the Client or User, or another person using the Client or User’s computer or account.

Notice of Intellectual Property and Right to Use

Except where expressly stated to the contrary, all Content (other than Third Party Content) included or available on the FNG website, including the text, graphics, information, motifs, logos, designs and databases, as well as the domain names, organization and layout of the site and the software, is the exclusive property of the Commission, with all rights reserved, and is protected by the copyright laws of Canada and other countries. Any use of Content on the FNG website, including without limitation any reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of the Commission or as expressly permitted in these Terms of Service, is strictly prohibited.  The FNG website, including any Content, is provided for general informational purposes only.

All Trademarks within the FNG Website are registered and unregistered trade-marks of the Commission and other parties in Canada and other countries. Nothing contained on the FNG website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the FNG website without the written permission of the Commission or the applicable Trademark owner. Misuse of any Trademark or the Content by any User or Client is strictly prohibited. No person shall use any Trademark without the prior written consent of Commission or the applicable Trademark owner. 

Ownership of Third Party Content

Where Third Party Content is a Client’s original work, the Client owns the copyright in that work. The Commission does not claim any ownership in any Third Party Content, including any original works created and submitted for posting by Clients. However, by submitting a Notice or other Third Party Content to the FNG for posting, the Client grants to the Commission an irrevocable, perpetual, transferable, world-wide, non-exclusive, royalty-free license to use, copy, adapt, transmit, communicate, publish, distribute publicly, incorporate and prepare derivative works of such Third Party Content in any medium or form (including without limitation the FNG print publications), without any obligation of notice, attribution or compensation to the Client.  Each Client also represents and warrants that the holder of any rights in any Third Party Content submitted by such Client, including any moral rights, has completely and effectively waived all such rights and validly and irrevocably granted to the Client the right to grant the license stated above. Subject to these Terms of Service, the owner of the Third Party Content retains any and all rights that may exist in such content.

Each Client is solely responsible for the Client’s Third Party Content, including, without limitation, in combination with any other images, graphics, text or other materials, including any Content (other than Third Party Content). Each Client will not include any text, image, design, trade-mark, or any copyrighted work of any third party in any of the Third Party Content, unless the Client has obtained the appropriate authorizations from the third party owners. Each Client represents and warrants that the Client’s Third Party Content does not infringe upon any rights of any third party, including, without limitation, rights in copyright, trade-mark, publicity or privacy, and other intellectual property, and that the Client has all required rights or permissions necessary to incorporate such third party materials into the Third Party Content. By submitting the Third Party Content, a Client represents and warrants that the Client has all necessary permission, right and authority to do so.

All questions, comments, suggestions and other communications provided by a Client regarding the Content or any information on the FNG website will be deemed to be non-confidential and Commission will have no obligation of any kind with respect to any such communication, and will be free to reproduce, use, disclose, and distribute such communication or otherwise, without limitation. Furthermore, the Commission will be free to use any ideas, concepts, techniques, or know-how contained in any such communication for any purpose.

Permission to Use and Reproduce

A User may use and reproduce the Content solely for personal or public non-commercial use, without further permission from the Commission, provided that no trademark, copyright or other notice from such Content is removed, and the complete title and the source of the materials is included.  Commercial reproduction and distribution is prohibited except with the prior written consent of the Commission.

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External Hyperlinks Disclaimer

The FNG website may provide links to External Websites for convenience and informational purposes. The Commission does not control or guarantee the accuracy, relevance, timeliness or completeness of any External Websites or information contained in such External Websites, and expressly reserves the sole discretion to establish or remove external links from the FNG website at any time.  The External Websites are entirely independent of the FNG website and will not in any manner be construed as implying any affiliation with or endorsement, representation or warranty by Commission of the External Website or entity or the content contained in the External Website. The Commission is not responsible for the privacy practices of other websites to which links are provided.  The reproduction and use of any content linked to an External Website is subject to the conditions that the owners of the External Websites may impose, and is at a User’s or Client’s own risk. Clients and Users should review the posted terms and conditions of External Websites before access or use.

Each Client and User acknowledge and agree that the Commission Parties will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with User’s and Client’s use of or reliance on the External Websites or content found in the External Websites. 

Disclaimer Regarding Accuracy of Content

Some of the Content, including without limitation Third Party Content, has been provided by or obtained from parties other than the Commission. The Commission makes no representations or warranties as to the accuracy or reliability of any Content on the FNG website, including Third Party Content.

Linking to the FNG Website

A User may link to the FNG website homepage provided

  • the web site page on which such feeds or links are featured must be accessible to the general public and not provided through a subscription service or for a fee, unless otherwise expressly agreed in writing by the Commission;
  • the link must be done in a fair and legal manner that does not damage the reputation of the Commission or the FNG;
  • the link must not establish or imply any form of association, approval or endorsement by the Commission;
  • the content of the link must not suggest that the Commission has created any of the content on that website; and
  • the FNG or Commission logos must not be reproduced without the prior written consent of the Commission.

The Commission reserves the right to revoke the right to link to the FNG website, at any time, with or without cause, effective immediately on notice by the Commission to the website operator.

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Privacy Notice

All personal information created, held or collected by the Commission is subject to all applicable privacy laws and the Website Privacy Notice. In addition, the following terms apply to the collection and use of a Client’s personal information collected by the Commission through the FNG website:

  • Personal information is collected directly from a Client at the time of registration for purposes of establishing an account and using the Service.  Personal information is collected only for purposes that are directly related to providing the Service to a Client and use of the Service by a Client.
  • The Commission will only use and disclose personal information for the purpose for which the information was initially collected, for other purposes consented to by the individual,and where required or permitted by applicable laws.
  • A Client will be asked to consent to the collection of the personal information at the time of registration for an account, and will be advised of the purpose for which the information is being collected and how a Client may exercise its rights to access that information. 
  • The Commission may collect personal information from a third party where that information is contained in a Notice or other Third Party Content submitted to the Commission for publication on the FNG website.  A Client submitting a Notice that contains third party personal information are responsible for ensuring consent has been obtained from the third party.
  • Where a Client is paying by credit card, the Client will be redirected to a third party payment processor, and asked to provide information including name, email address, mailing address and credit card information.  This information is required in order to process payments and provide a receipt, and is not retained by the third party payment processor after the transaction is processed.

A Client may chose not to provide certain personal information; however the Commission may be unable to provide the Service unless certain information is provided and the Client has consented to the use of that information as required by the Commission for the provision of the Service. 

The Commission takes steps to protect personal information against loss, unauthorized access, use, modification or disclosure.  However, there are security risks in transmitting information over the internet.  A Client should assess these risks when deciding whether or not to use the Service.

Governing Law and Jurisdiction

By accessing the FNG website, each Client and User agrees that the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia will govern these Terms of Service and apply to any issue that may arise regarding the use of the FNG website or the Service. Clients and Users agree to attorn exclusively to the jurisdiction of the courts of British Columbia.

Entire Agreement

The Terms of Service constitute the entire agreement between each User and Client and the Commission with respect to the FNG website, the Content, and any information obtained through the FNG website by communication with the Commission’s personnel.

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Website Privacy Notice

A Privacy Notice is mandatory for all institutions to which the Standard on Privacy and Web Analytics, published by the Treasury Board of Canada Secretariat and as authorized by the Librarian and Archivist of Canada, applies.

Privacy Notice for FNTC.ca / fng.ca / fnpo.ca

The First Nations Tax Commission (“Commission”) owns and operates fntc.ca, fng.ca and fnpo.ca (collectively, the “Commission Sites”).  The Commission is committed to providing websites that respect the privacy of visitors. This privacy notice summarizes the privacy practices for the Commission's online activities.

All personal information collected by this institution is governed by the Privacy Act. This means that you will be informed of the purpose for which your personal information is being collected and how to exercise your right of access to that information.

Your Privacy and the Internet

The nature of the Internet is such that Web servers automatically collect certain information about a visit to a website, including the visitor’s Internet Protocol (IP) address. IP addresses are unique numbers assigned by Internet Service Providers (ISP) to all devices used to access the Internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, does not identify an individual. However, in certain circumstances, such as with the co-operation of an ISP for example, it could be used to identify an individual using the site. For this reason, the Commission considers the IP address to be personal information, particularly when combined with other data automatically collected when a visitor requests a Web page such as the page or pages visited, date and time of the visit.

Unless otherwise noted, the Commission does not automatically gather any specific information from you, such as your name, telephone number or email address. The Commission would obtain this type of information only if you supply it to the Commission, for example, by email or by filling in a contact form.

In cases where services are provided by organizations outside of the Commission, such as social media platforms or mobile applications, IP addresses may be recorded by the Web server of the third-party service provider.

Communicating with the Commission

If you choose to send the Commission an email or complete a feedback form online, your personal information is used by the Commission in order to respond to your inquiry. The information you provide will only be shared with another government institution if your inquiry relates to that institution. The Commission does not use the information to create individual profiles nor does it disclose the information to anyone other than to those in the  Commission who need to provide you with a response. Any disclosure of your personal information is in accordance with the Privacy Act.

Emails and other electronic methods used to communicate with the Commission are not secure unless it is specifically stated on a Web page. Therefore, it is recommended that you do not send sensitive personal information, such as your Social Insurance Number or your date of birth, through non-secure electronic means.

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Improving your Experience on the Commission Sites


Digital Markers (including cookies)

A digital marker is a resource created by the visitors’ browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are “cookies” or HTML5 web storage. Some examples of what digital markers do are as follows:

  • they allow a website to recognize a previous visit each time the visitor accesses the site;
  • they track what information is viewed on a site which helps website administrators ensure visitors find what they are looking for.

The Commission uses sessional digital markers on some portions of the Commission Sites. During your on-line visit, your browser exchanges data with the Commission’s Web server. The digital markers used do not allow the Commission to identify individuals.

You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with the Commission Sites.

Web Analytics

Web analytics is the collection, analysis, measurement, and reporting of data about Web traffic and visits for purposes of understanding and optimizing Web usage. Information in digital markers may be used for the purpose of web analytics to remember your online interactions with the Commission Sites.

The Commission uses server log analysis software and Google Analytics to improve the Commission Sites. When your computer requests a Commission Web page, our institution collects the following types of information for Web analytics:

  • the originating IP address;
  • the date and time of the request;
  • the type of browser used; and
  • the page(s) visited.

For fntc.ca, the Commission uses a server log analysis software called SmarterStats internally and retains information collected for Web analytics for a maximum period of 18 months. After this period, the information must be disposed of in accordance with the Standard on Privacy and Web Analytics. The information is not disclosed to an external third party service provider.

For fnpo.ca and fng.ca, the Commission uses Google Analytics® and the information collected is disclosed to Google Inc., an external third party service provider. Your IP address is anonymized prior to being stored on the service provider's servers in order to help safeguard your privacy. The information collected is de-personalized by using the IP anonymization feature in Google Analytics, which removes the last octet of the IP address prior to its storage. In technical terms, the anonymization feature sets the last octet of IPv4 visitor IP addresses and the last 80 bits of IPv6 addresses to zeros in memory shortly after being sent to the Google Analytics Collection Network. The full IP address is never written to disk in this case.

Data collected using Google Analytics for Web analytics purposes goes outside of Canada to the United States of America and may be subject to the governing legislation of that country, including among others the Patriot Act and specifically the laws of the State of California.

Information used for the purpose of Web analytics is collected pursuant to the First Nations Fiscal Management Act. Such data may be used for communications and information technology statistical purposes, audit, evaluation, research, planning and reporting. For more information on how your privacy is safeguarded in relation to web analytics, see the Standard on Privacy and Web Analytics.

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Protecting the Security of Commission Sites

The Commission employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted a Commission Site, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting a Commission Site unless an attempt to damage a Commission Site has been detected.

Inquiring about these Practices

Any questions, comments, concerns or complaints you may have regarding the administration of the Privacy Act and privacy policies regarding the Commission’s Web presence may be directed to our Access to Information and Privacy Coordinator by email to bmcgregor@fntc.ca, by calling 1-250-828-9855, or writing to

Access to Information and Privacy Coordinator
First Nations Tax Commission
321 - 345 Chief Alex Thomas Way
Kamloops, BC V2H 1H1

If you are not satisfied with the Commission’s response to your privacy concern, you may wish to contact the Office of the Privacy Commissioner by telephone at 1-800-282-1376.

Using Files Located on Non-Commission Servers

To improve the functionality of the Commission Sites, certain files (such as open source libraries, images, and scripts) may be delivered automatically to your browser via a trusted third-party server or Content Delivery Network. The delivery of these files is intended to provide a seamless user experience by speeding response times and avoiding the need for each visitor to download these files.

Terms and Conditions of Service

Access to and use of the Commission Sites may also be subject to the Commission’s Terms and Conditions of Service. A person accessing a Commission Site should read the applicable Terms and Conditions of Service before accessing that Commission Site.

Enquiries

All enquiries respecting this Privacy Notice should be directed to:

First Nations Tax Commission
321 - 345 Chief Alex Thomas Way
Kamloops, BC V2H 1H1
Telephone: (250) 828-9857

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[Last updated: 2014-04-23]

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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