Part II - Enacted First Nations Legislation

Decision Information

Decision Content

0 First Nations Tax Commission Commission de la fiscalité des premières nations The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Beecher Bay First Nation in the Province of British Columbia, Beecher Bay Annual Tax Rates Law, 2019 Dated at Kamloops, British Columbia this 24th day of May, 2019. On behalf of the First Nations Tax Commission C.T. (M ) Jules Chief Commissioner (C* First Nations Tax Commission
BEECHER BAY ANNUAL TAX RATES LAW, 2019 WHEREAS: A. Pursuant to section 5 of the First Nations Fiscal Management Act, the council of a first nation may make laws respecting taxation for local purposes of reserve lands and interests or rights in reserve lands, including laws to establish tax rates and apply them to the assessed value of those lands and interests; B. The council of the First Nation has made a property assessment law and a property taxation law; and C. Subsection 10(1) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law to, at least once each year, make a law setting the rate of tax to be applied to the assessed value of each class of lands and interests or rights; NOW THEREFORE the Council of Beecher Bay duly enacts as follows: 1. This Law may be cited as the Beecher Bay Annual Tax Rates Law, 2019. 2. In this Law: "Act" means the First Nations Fiscal Management Act, S.C. 2005, c. 9, and the regulations made under that Act; "Assessment Law" means the Beecher Bay Property Assessment Law, 2016; "First Nation" means Beecher Bay, being a band named in the schedule to the Act; "property taxation law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; "taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Beecher Bay Property Taxation Law, 2016. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2019 shall be determined by imposing the rates set out in the Schedule upon the assessed value of all taxable property in each property class. 4. Notwithstanding section 3, a taxable property classified as residential (class 1) shall be taxed at three hundred fifty dollars ($ 350.00), for the taxation year where a) the amount of the tax levied under section 3 is less than three hundred fifty dollars ($350); and b) no taxpayer for that taxable property is sixty-five (65) years of age or over. 5. Notwithstanding section 3, a taxable property classified as residential (class 1) shall be taxed at one hundred dollars ($100) for the taxation year where a) the amount of the tax levied under section 3 is less than one hundred dollars ($100); and b) a taxpayer for that taxable property is at least sixty-five (65) years of age. 6. Except where otherwise defined, words and expressions used in this Law have the meanings given to them in the Assessment Law and the Taxation Law. 7. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 1
8. This Law must be construed as being remedial and must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives. 9. The Schedule attached to this Law forms part of and is an integral part of this Law. 10. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. THIS LAW IS HEREBY DULY ENACTED by Council on the ' _) k, day of , 2019, at Beecher Bay, ' i e 'rov' - o.' British Columbia. nsists of TWO (2) members of Council. Chief Russ Chipps Councillor Gordon Charles Councillor Bernice Millette 2
SCHEDULE TAX RATES PROPERTY CLASS Class 1 - Residential Class 2 - Utilities Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm RATE PER $1,000 of assessed value: 5.72500 48.154475 28.875170 14.99419 6.34050 11.14050 3
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.