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 Gitwangak First Nation in the Province of British Columbia, Gitwangak First Nation Annual Expenditure Law, 2016 Dated at Kamloops, British Columbia this 10th day of August, 2016. On behalf of the First Nations Tax Commission C.T. (Man Jules - Chief Commissioner First Nations Tax Commission
GITWANGAK FIRST NATION ANNUAL EXPENDITURE LAW, 2016 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.l) 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 wishes to establish an annual budget for the expenditure of revenues raised in the current taxation year, and an interim budget for the next taxation year; NOW THEREFORE the Council of the Gitwangak Band duly enacts as follows: 1. This Law may be cited as the Gitwangak First Nation Annual Expenditure Law, 2016. 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; "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 Gitwangak First Nation Property Assessment Law, 2012; "Council" has the meaning given to that term in the Act; "First Nation" means the Gitwangak First Nation, being a band named in the schedule to the Act; "interim budget" means a budget setting out the projected local revenues and projected expenditures of those local revenues during a budget year, that is intended to have effect only until replaced with an annual budget for that budget year; "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 property taxation law; "property taxation law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; and "Taxation Law" means the Gitwangak First Nation Property Taxation Law, 2012. 3. The First Nation's annual budget for the budget year beginning April 1, 2016, and ending March 31, 2017, is attached as a Schedule and the expenditures provided for in the Schedule are authorized. 1
4.(1) The Gitwangak Band's interim budget for the budget year beginning April 1, 2017, and ending March 31, 2018 is comprised of (a) section 1 of Part 1 of the Schedule; and (b) all of Part 2 of the Schedule. (2) The expenditures provided for in subsection (1) are authorized until the Gitwangak Band's annual expenditure law for the budget year referenced in subsection (1) comes into force and effect, at which time the interim budget ceases to have force and effect. 5. Expenditures of local revenues must be made only in accordance with the annual budget. 6. Where the Gitwangak Band 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. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule. 8. 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. 9. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 10. 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. 11.(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. 12. 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 twenty-second (22 nd ) day of July, 2016, at Gitwangak Village, in the Province of British Columbia. A quorum of Co cil c ists of four (04) members of Council. ChiFred Johnson Councillor Ama da Zetter een Councillor Chasity Daniels Councillor Holly Harris tr_ga xu).̀ SL Councilld ommy Johnson Councillor Valerie Sp ence 2
SCHEDULE ANNUAL BUDGET AND INTERIM BUDGET PART 1: REVENUES 1. Local revenues to be collected in budget year: a. Property Tax Revenues $ 2,682.73 b. Payments in lieu of property taxes 25,515.95 TOTAL REVENUES $ 28,198.68 PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative $7,326.97 b. General Administrative c. Other General Government 2. Protection Services a. Policing b. Firefighting Equipment & Supplies In Fire Hall $10,000.00 c. Regulatory Measures d. Other Protective Services Village Preventative Fire Protection $19,810.92 3. Transportation a. Roads and Streets b. Snow and Ice Removal c. Parking d. Public Transit e. Other Transportation Iron Access Gate @ Farm Road $2,933.00 4. Recreation and Cultural Services a. Recreation b. Culture c. Heritage Protection d. Other Recreation and Culture 3
5. Community Development a. Housing $2,181.00 b. Planning and Zoning c. Community Planning d. Economic Development Program $17,871.81 e. Tourism Iron Gates At Access Road To River $10,000.00 f. Trade and Industry g. Land Rehabilitation and Beautification h. Other Regional Planning and Development 6. Environment Health Services a. Water Purification and Supply b. Sewage Collection and Disposal c. Garbage Waste Collection and Disposal Village Heavy : 6 Days/Yr $3,000.00 d. Recycling e. Other Environmental Services 7. Other Services a. Health b. Social Programs and Assistance c. Agriculture d. Education e. Other Service 8. Contingency Amounts $2819.00 TOTAL EXPENDITURES $75,942.70 PART 3: ACCUMULATED SURPLUS/DEFICIT 1.A ccumulated Surplus Local revenues carried forward from the previous budget year $47,744.02 2. Accumulated Deficit Local revenue expenditures carried forward from the previous budget year BALANCE $0 4
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