Charge for band's financials seems excessive

Page 17

Pro Bono

Dear Tuma:

I want to know about why it costs $50 to get a financial statement from my band. When I requested this, I was told it would cost me $50. I don't feel this is right. As a band member, am I not entitled to view this information? I am deeply concerned where all the funds are going on the reserve.

No Money Honey

Dear No Money Honey:

You are entitled to see the financial statements of the band if you are a band member of that particular band. The band can also charge for actual cost recovery for providing you with copies of the financial statement, but they should not be charging more in order to make a profit or in order to create a barrier to accessing the financial statements. For example, the band can charge you for the cost of photocopying and postage, but not for the cost of the auditor or the time of the clerk who is assigned to send you the documents.

There are a number of things you can do. The first is to request to see the audited statements at the band office. This means making an appointment to see the financial statements at the band office. You are not requesting a copy, but asking to see the band's copy, so no charge is incurred by the band in creating a new copy. You may not get any assistance in deciphering, nor explanations regarding, the statements.

You can also ask your councillors to give or show you their copies. Each councillor should have a copy, as they would be given one to help them set, manage and administer the band's budget. You can also make a request to the chief and council to waive the fee for you, but you may need to provide details as to why you cannot afford to pay.

Another option is to go to the department of Indian Affairs Web site and look under the community profiles section. There you can find the link to your band and click on the federal funding button. Each First Nation has to file a Schedule of Federal Government Funding and this schedule is then posted on the Web site. This is usually a one-page sheet showing how much the band received in federal funds, from which department and whether they spent it or not. It will not show you how or where the band spent the money.

Finally, some bands have posted their financial statements on their Web sites or on a bulletin board in the band office. For example, Membertou First Nation has their entire audited financial statements on their Web sites and anyone can access them.

A sum of $50 sounds a tad high given that it should take no more than five or 10 minutes to photocopy a few pages.

This column is not intended to provide legal advice, but rather highlight situations where you should consult with a lawyer. Questions can be sent to Tuma Young at tumayoung@yahoo.ca