Part II - Enacted First Nations Legislation

Decision Information

Decision Content

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 O'Chiese First Nation in the Province of Alberta, O'Chiese First Nation Annual Rates Law, 2018 Dated at Kamloops, British Columbia this 25th day of June, 2018. On behalf of the First Nations Tax Commission C.T. (Man Jules - Chief Commissioner (4 \ First Nations Tax Commission
BAND COUNCIL RESOLUTION INAC FILE NO. BAND COUNCIL RESOLUTION# 2018-2019- 10 ORDER IN COUNCIL RESPECTING CASH FREE BALANCE ACCOUNT O'CHIESE FIRST NATION PROVINCE REVENUE ACCOUNT DATE OF DULY CONVENED MEETING DAY 22 MONTH 05 YEAR 2018 AB $ Whereas the Chief and Council have been elected and as such empowered by the membership of this Nation to provide Governance over the lands and People of the O'Chiese First Nation Indian Reserve # 203 through the provision of Peace, Order and Good Government in the best interests of all Band Members; 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, interests in reserve lands or rights to occupy, possess or use reserve lands, including laws to establish tax rates and apply them to the assessed value of lands, interests and rights in the reserve; 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, interests or rights in the reserve; NOW THEREFORE the Council of the O'Chiese First Nation duly enacts as follows: 1. This Law may be cited as the O'Chiese First Nation Annual Rates Law, 2018. 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 O'Chiese First Nation Property Assessment and Taxation By-law; "First Nation" means the O'Chiese First Nation, 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" means property in a reserve that is subject to taxation under a property taxation law; and "Taxation Law" means the O'Chiese First Nation Property Assessment and Taxation By-law. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2018 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. 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. 5. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 6. 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. 7. The Schedule attached to this Law forms part of and is an integral part of this Law. 8. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. THIS ANNUAL RATES LAW IS HEREBY DULY ENACTED by Council on the 22 day of MAY, 2018 at CALGARY in the Province of Alberta. 4 All books and records will be maintained in accordance with standard acceptable accounting practices. Band accounts, books and records shall be open and available at reasonable times to all interested parties. The O'Chiese First Nation shall cause to be completed an annual audit to be Quorum conducted by an independent accredited financial institution and such shall be completed not later than 121 days, following each fiscal year end. CHIEF CO LL ' ' TRA :i RRY COUNCILLOR CEDRIC WHITFORD ~i~ /~e."5 ve. COUNCILLOR ARTIN IRONBOW COt1Ne[1lLOR SANDRA BEAVERBONE COUNCILLOR BARRY SAULTEAUX COUNCILLOR DOUGLAS BEAVERBONES
SCHEDULE 2018 TAX RATES PROPERTY CLASS Class 1 Residential Class 2 - Non-residential and linear property Class 3 Farm land Class 4 - Machinery and Equipment 1.01288% RATE PER $1 of Assessed Value 0 1.52000% 0
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