3 day week Commercial Legal Counsel

1 day ago

Montreal, Canada Barreau de Québec Full time
2024 First Nations Financial Management Board

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 FALs and FABs 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.

Legal Counsel Responsibilities
  1. Provides input into FMB’s policies, procedures, strategic planning, and operations;
  2. Explains complex legal concepts, including FAL Standards and Sample FAL, to non-legal audiences;
  3. 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;
  4. 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);
  5. Provides legal advice to the Director, IELR on the Indian Act, modern-day treaties, and self-government agreements;
  6. 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;
  7. Anticipates legal issues and assesses legal and operational risks, identifying proactive solutions that will eliminate or mitigate such risks;
  8. Provides legal opinions on IELR issues as required;
  9. Remains current on legislation and regulations that may impact business lines and makes recommendations to remain in compliance;
  10. Under direction from the Director, IELR, negotiates pertinent agreements, within signing authority parameters, with third-party contractors and suppliers to ensure delivery of professional and applicable business line services;
  11. Handles complex, significant matters and provides legal opinions on IELR team issues as required;
  12. Drafts agreements, contracts, and policies of departmental related documents making recommendations as necessary;
  13. Assists with representation of FMB in legal consultations involving proposed revisions to the FMA, legislative amendments, and adaptation regulations;
  14. Collaborates with the Director, IELR, General Counsel, and Senior Leadership Team to ensure the provision of consistent documents, opinions, and processes;
Informal Legal Review of FALs and FABs
  1. Conducts informal reviews of FALs and FABs and responds to inquiries or provides feedback regarding FAL/FAB Standards and templates;
  2. Liaises directly with clients and/or their legal counsel when required;
  3. Collaborates with the IELR Legal Counsel (East) and IELR Paralegal (East) to manage the informal review of FALs and FABs to ensure quality assurance and secondary review.
Formal Legal Review of FALs and FABs
  1. Conducts formal reviews of FALs and FABs, provides legal opinions, and recommends FAL and FABs for approval by the Director, IELR, General Counsel, and/or CEO and formal approval by the Board of Directors through the SAC Committee;
  2. 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
  1. 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;
  2. Collaborates with the business line directors and Executive Board Coordinator to provide notification of Board approvals to clients and other business lines;
  3. Notify the FN Gazette for publication of Laws after the SAC Committee and Board meetings.
Legal Review of s. 9 FMA – New FALs
  1. 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;
  2. Conducts informal and formal legal review of legal documents, such as Council Resolutions and Laws, to determine compliance with the FAL Standards and Procedures;
  3. Prepares SAC and Board resolutions and materials including legal opinions and advice to the Board on issuing compliance approvals of new FALs.

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