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 We Wai Kai Nation in the Province of British Columbia, We Wai Kai Nation Annual Expenditure Replacement Law, 2018 Dated at Kamloops, British Columbia this 26th day of April, 2018. On behalf of the First Nations Tax Commission i C.T. (Manny les - Chief Commissioner First Nations Tax Commission
WE WAI KAI NATION ANNUAL EXPENDITURE REPLACEMENT LAW, 2018 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 authorizing the expenditure of local revenues; B. The Council of the First Nation has made a property assessment law and a property taxation law; C. Subsection 10(2) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law or a law under paragraph 5(1)(a.1) to, at least once each year, make a law establishing a budget for the expenditure of revenues raised under those laws; and D. The Council of the First Nation enacted the We Wai Kai Nation Annual Expenditure Law, 2017 on May 29, 2017, which law was approved by the First Nations Tax Commission on June 5, 2017, and wishes to repeal that law and enact this replacement law in order to establish an updated annual budget for the expenditure of revenues raised in the current taxation year, to establish a capital reserve fund, and to authorize expenditures made in accordance with section 13.1 of the Act; NOW THEREFORE the Council of the We Wai Kai Nation duly enacts as follows: 1. This Law may be cited as the We Wai Kai Nation Annual Expenditure Replacement 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; "annual budget" means a budget setting out the projected local revenues and projected expenditures of those local revenues during a budget year, and setting out expenditures made in accordance with section 13.1 of the Act; "annual expenditure law" means a law enacted under paragraph 5(1)(b) of the Act as required by subsection 10(2) of the Act; "Assessment Law" means the We Wai Kai Nation Property Assessment Law, 2012; "Council" has the meaning given to that term in the Act; "First Nation" means the We Wai Kai Nation, being a band named in the schedule to the Act; "Law" means this annual expenditure law enacted under paragraph 5(1)(b) of the Act; "local revenues" means money raised by the First Nation under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a) of the Act; "property taxation law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; and "Taxation Law" means the We Wai Kai Nation Property Taxation Law, 2012. 3. The First Nation's annual budget for the budget year beginning April 1, 2017 and ending March 31, 2018, is attached as a Schedule and the expenditures provided for in the Schedule are authorized. 4. Expenditures of local revenues must be made only in accordance with the annual budget or in accordance with section 13.1 of the Act. 5. The expenditures made in the current year before this Law is enacted are included in the annual budget and are authorized by this Law. 1
6. Where the First Nation wishes to authorize an expenditure not authorized in this Law, or change the amount of an expenditure authorized, Council must amend this Law in accordance with Council procedure and the requirements of the Act. 7. The Community Capital Projects reserve fund is hereby established for the purposed of additions and improvements of infrastructure in the community. 8. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule. 9. 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. 10. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 11. 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. 12.(1) The Schedule attached to this Law forms part of and is an integral part of this Law. (2) A reference to the Schedule is a reference to the Schedule to this Law. 13. The We Wai Kai Nation Annual Expenditure Law, 2017 is hereby repealed in its entirety. 14. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. Ci THIS LAW IS HEREBY DULY ENACTED by Council on the -/ day of April, 2018, at Campbell River, in the Province of Columbia. A quorum of Council consists of five (5) members of Council. Aoki yG 1,4,., Chief Brian Assu Councillor Kim Duncan 13)/ Councillor Ted Assu Councillor Cindy Inrig Councillor Daniel Billy Councillor Ted Lewis 11-M'( " ""I Councillor Ronni- Chickite uncillor Keith Wilson buncillor Jonathan Chickite 2
SCHEDULE ANNUAL BUDGET PART 1: REVENUES 1. Local revenues to be collected in budget year: a. Property Tax Revenues $ 81,474.20 b. Service payment revenues 692,123.52 TOTAL REVENUES $ 773,597.72 PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative b. General Administrative 13,500.00 c. BC Assessment 1,200.00 2. Protection Services a. Policing 4,000.00 b. Firefighting c. Regulatory Measures 5,000.00 d. Other Protective Services 70,000.00 3. Transportation a. Roads and Streets 15,000.00 b. Snow and Ice Removal 1,000.00 c. Parking d. Public Transit 18,000.00 e. Other Transportation 4. Community Development a. Planning and Zoning 10,000.00 5. Environment Health Services a. Water Purification and Supply b. Sewage Collection and Disposal c. Garbage Waste Collection and Disposal 5,000.00 d. Recycling 2,000.00 e. Other Environmental Services 6. Contingency Amounts $ 1897.72 7. Transfers into Reserve Funds 3
a. Community Capital Projects 627,000.00 TOTAL EXPENDITURES $ 773,597.72 PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus — Local revenue carried forward from The previous budget year $0 2. Accumulated Deficit — Local revenue expenditures carried forward From the previous budget year $0 BALANCE $0 Note: The First Nation has the following service agreements with third-party service providers, and the amounts indicated are the amounts payable by the First Nation under each agreement during the budget year: a. BC Assessment $ 1,200.00 b. City of Campbell River $ 4,000.00 4
Appendix A Reserve Fund Balances 1. Community Capital Projects Beginning balance as of April 1, 2017: Transfers out a. to current year's revenues: b. to reserve fund as a transfer: c. moneys borrowed for another purpose: Transfers in a. from current year's revenues: b. from reserve fund as a transfer to fund: c. borrowed moneys repaid to fund: Interest earned in current year: Ending balance as of March 31, 2018: 5 $ 0 $ 0 $ 0 $ 0 $ 627,000.00 $ $ $ $ 627,000.00
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