Legal Counsel

at  First Nations Financial Management Board

POSITION OVERVIEW

Reporting to the Director, Indigenous Engagement, Laws & Relations (“Director, IELR”) the Legal Counsel is responsible for providing guidance and support to clients and FMB staff on the development, enactment and FMB Board approval of financial administration laws (“FAL”) and financial administration bylaws (“FAB”), and other special projects of the FMB such as the 10-Year Grants. This position provides legal opinions and ensures that all FAL’s and FAB’s presented to the Board meet the Standards and Procedures of the FMB Board of Directors.
The Legal Counsel liaises and builds relationships with various stakeholders, partners, organizations and individuals including clients, outside legal counsel, the Federal Government, governing bodies, other FMA institutions and the FMB Team.

ACCOUNTABILITIES

Legal Counsel Responsibilities

• Provides input into FMB’s policies, procedures, strategic planning and operations;
• As directed, monitors the FAL funding budget;
• Explains complex legal concepts, including FAL Standards and Sample FAL, to non-legal audiences;
• Design, implement, and deliver FAL/FAB workshops to clients and various stakeholders;
• Conducts internal training on legal policies, processes, procedures, and operational support services including participation in the onboarding of MLS members and other FMB Staff with respect to the FAL and FAB review Standards and Procedures;
• Provides expert and strategic legal advice to the Director, IELR to ensure compliance with all legal requirements and procedures of the FMB and First Nations Fiscal Management Act (FMA);
• Provides legal advice to the Director, IELR on the Indian Act, modern day treaties; and self-government agreements;
• Maximizes Paralegal’s performance and productivity by ensuring proactive and continuous people management through the provision of individual evaluations and monitoring of personal and professional development plans;
• Anticipates legal issues and assesses legal and operational risks, identifying proactive solutions that will eliminate or mitigate such risks;
• Provides legal opinions on IELR issues as required;
• Remains current on legislation and regulations that may impact business lines and makes recommendations to remain in compliance;
• Under direction from the Director, IELR , negotiates pertinent agreements, within signing authority parameters and, with third-party contractors and suppliers to ensure delivery of professional and applicable business line services;
• Handles complex, significant matters and provides legal opinions on IELR team issues as required;
• Draft’s agreements, contracts, and policies of departmental related documents making recommendations as necessary;
• Assists with representation of FMB in legal consultations involving proposed revisions to the FMA, legislative amendments and adaption regulations;
• Supports General Counsel to negotiate with provincial and territorial governments to establish access to the FMA for Self-Governing and Modern Treaty Nations.

FMB Standards and Core Documents

• Collaborates with the Director, IELR, Director, Standards and Director, Certifications, to review and recommend changes to FAL/FAB Standards and templates for approval by the Board of Directors through the SAC Committee;
• Collaborates with the Director, IELR , General Counsel, and Senior Leadership Team to ensure the provision of consistent documents, opinions, and processes;
• Collaborates with the Director, IELR, Director, Standards and Director, Certifications to establish Standards and templates for Self-Governing and Modern Treaty Nations; and Tribal Councils and NPO’s.

Informal Legal Review of FALs and FABs

• Conducts informal reviews of FALs and FABs and responds to inquiries or provides feedback regarding FAL/FAB Standards and templates;
• Liaises directly with clients and/or their legal counsel when required;
• Collaborates with the IELR Legal Counsel (East) and IELR Paralegal (East) to manage the informal and of FALs and FABs to ensure quality assurance and secondary review and conducted.

Formal Legal Review of FALs and FABs

• Conducts formal reviews of FALs and FABs, provides legal opinions, and recommends FAL and FAB’s for approval by the Director, IELR General Counsel and/or CEO and formal approval by the Board of Directors through the SAC Committee;
• As directed, engages the external Legal Counsel for FAL and FAB reviews as required by Board policy.
• Quarterly and Special SAC Committee and Board Meetings:
• Collaborates with Executive Board Coordinator, Director, IELR and other business line directors to provide all SAC and Board documents, including SAC and Board Resolutions, agendas, legal opinions, compliance opinions, memos, and reports;
• Collaborates with the business line directors and Executive Board Coordinator to provide notification of Board approvals to clients and other business lines;
• Notify the FN Gazette for publication of Laws after the SAC Committee and Board meetings.

Legal Review of s. 9 FMA – New FALs:

• Provides operational support and guidance to the Relationship Managers (“RM”), clients, and their legal counsel on drafting and execution of legal documents, such as Council Resolutions, and the Sample FAL to meet the required FMB Standards and Procedures;
• Conducts informal and formal legal review of legal documents, such as Council Resolutions and Laws, to determine compliance with the FAL Standards and Procedures;
• Prepares SAC and Board resolutions and materials including legal opinions and advice to the Board on issuing compliance approvals of new FALs.

Review of s. 9 FMA – Update FALs:

• Supports clients to achieve Financial Management System (“FMS”) Certification, provides operational support and guidance to the Capacity Development Managers (“CDM”), clients and their legal counsel on drafting and execution of legal documents, such as Council Resolutions and the Updated FAL to meet the current FAL Standards and Procedures.
• Supports client wishing to update their FAL, provides operational support and guidance to the Capacity Development Managers (“CDM”), clients and their legal counsel on drafting and execution of legal documents, such as Council Resolutions and the Updated FAL to meet the current FAL Standards and Procedures.
• Conducts informal and formal legal review of legal documents such as Council Resolutions and Laws to determine compliance with the FMB FAL Standards and Procedures;
• Prepares SAC and Board resolutions and materials including legal opinions and advice to the Board on issuing compliance approvals on FALs being updated to obtain FMS Certification or to meet current FMB Standards.

Review of s. 83 Indian Act – new FABs:

• Provides operational support and guidance to the RMs, clients and their legal counsel on drafting and execution of legal documents such as, Council Resolutions and the FAB, to meet the required FMA Standards and Procedures;
• Conducts informal and formal legal review of legal documents such as, Council Resolutions and FAB, to determine compliance with the FAL Standards and Procedures;
• Prepares SAC and Board materials including legal opinions and advice to the Board on issuing compliance opinions for new FABs;
• Prepare and coordinate FAB packages for Ministerial approval.

Review of s. 83 Indian Act – update FABs:

• Provides operational support and guidance to the RMs, clients and their legal counsel on drafting and execution of legal documents such as Council Resolutions and the Law to meet the required FMA Standards and Procedures to enact an updated FAB to meet current FMB Standards;
• Conducts informal and formal legal review of legal documents such as Council Resolutions and Laws to determine compliance with the FMB FAL Standards and Procedures;
• Prepares SAC and Board resolutions and materials including legal opinions and advice to the Board on issuing compliance approvals on updated FABs;
• Prepare and coordinate FAB packages for Ministerial approval.

Review of FALs and FABs for a 10-Year Grant:

• Provides operational support and guidance to the RMs and CDMs, clients and their legal counsel on drafting and execution of legal documents such as, Council Resolutions and the FAL or FAB to meet eligibility requirements for a 10-Year Grant;
• Conducts informal and formal legal review of legal documents such as, Council Resolutions and FALs or FABs, to determine compliance with the FAL Standards and Procedures;
• Prepares SAC and Board resolutions and materials including legal opinions and advice to the Board on issuing compliance opinions on FALs and FABs;
• In collaboration with Director, IELR and other business line directors, prepares report for Indigenous Services Canada on 10-Year Grant eligibility.

Leadership

• Manages the Paralegal (West), ensuring that they are well trained, supported in their work, and encouraged in their development through positive feedback, coaching, evaluations, and regular feedback;
• Delegates work assignments, gives authority to work independently, sets expectations and monitors delegated activities;
• Provides regular performance feedback to develop the skills and encourage growth.

Reporting

• Responsible for the filing and reporting in CRM and HPE for client tracking;
• Maintains a registry of FALs and FABs and 10-Year Grant Reports;
• Regularly creates reports on the status of the FALs and FABs;
• Provides monthly and quarterly data to the Director, IELR for reports to the Marketing Committee and Board.

The Legal Counsel performs other duties as assigned.

QUALIFICATIONS

• Must possess a Bachelor of Laws (LLB) or Juris Doctor (JD);
• Must be a practicing member in good standing with the Law Society of their province or eligibility to transfer from another Canadian jurisdiction;
• Must have a minimum of 5 years’ experience:
• In a law firm or in-house counsel for a First Nations association
• Working with Federal Government organizations and representatives
• Working with Indigenous Governments, organizations, and communities
• Must have an understanding, awareness and appreciation of Indigenous culture and history;
• Willingness to participate in ongoing education and training for the role including Indigenous studies;
• Adaptable and flexible to various competing demands with proficiency at managing high work volumes in a fast-paced;
• Must be fluent in English and French (spoken and written). Fluency in an Indigenous language is considered an asset.
  Equivalent or relevant education and/or experience may be considered.

• Provides input into FMB’s policies, procedures, strategic planning and operations;
• As directed, monitors the FAL funding budget;
• Explains complex legal concepts, including FAL Standards and Sample FAL, to non-legal audiences;
• Design, implement, and deliver FAL/FAB workshops to clients and various stakeholders;
• Conducts internal training on legal policies, processes, procedures, and operational support services including participation in the onboarding of MLS members and other FMB Staff with respect to the FAL and FAB review Standards and Procedures;
• Provides expert and strategic legal advice to the Director, IELR to ensure compliance with all legal requirements and procedures of the FMB and First Nations Fiscal Management Act (FMA);
• Provides legal advice to the Director, IELR on the Indian Act, modern day treaties; and self-government agreements;
• Maximizes Paralegal’s performance and productivity by ensuring proactive and continuous people management through the provision of individual evaluations and monitoring of personal and professional development plans;
• Anticipates legal issues and assesses legal and operational risks, identifying proactive solutions that will eliminate or mitigate such risks;
• Provides legal opinions on IELR issues as required;
• Remains current on legislation and regulations that may impact business lines and makes recommendations to remain in compliance;
• Under direction from the Director, IELR , negotiates pertinent agreements, within signing authority parameters and, with third-party contractors and suppliers to ensure delivery of professional and applicable business line services;
• Handles complex, significant matters and provides legal opinions on IELR team issues as required;
• Draft’s agreements, contracts, and policies of departmental related documents making recommendations as necessary;
• Assists with representation of FMB in legal consultations involving proposed revisions to the FMA, legislative amendments and adaption regulations;
• Supports General Counsel to negotiate with provincial and territorial governments to establish access to the FMA for Self-Governing and Modern Treaty Nations