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 Simpcw First Nation in the Province of British Columbia, Simpcw First Nation Annual Rates Law, 2016 Dated at Kamloops, British Columbia this 7th day of July, 2016. On behalf of the First Nations Tax Commission zt6 I,C,/ ,a/ C.T. (MaJules Chief Commissioner First Nations Tax Commission
SIMPCW FIRST NATION ANNUAL RATES 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 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 Simpcw First Nation duly enacts as follows: 1. This Law may be cited as the Simpcw First Nation Annual Rates 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; "Assessment Law" means the Simpcw First Nation Property Assessment Law, 2009; "First Nation" means the Simpcw 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 Simpcw First Nation Property Taxation Law, 2009. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2016 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, where the amount of the tax levied on taxable property in a taxation year is less than one hundred dollars ($ 100.00), the taxable property shall be taxed at one hundred dollars ($ 100.00) for the taxation year. 5. 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. 6. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 7. 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. 8. The Schedule attached to this Law forms part of and is an integral part of this Law. 1
9. 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 13th day of June 2016, at North Thompson I.R. #1 in the Province of British Columbia A quorum of Co cil consists of four (4) members of Council. Chief Nathan Matthew Councillor Christine Donald Councillor Thomas Eustache Councillor Donald Matthew Councillor onald Lampreau Jr. Councillor George Lampreau Councillor Jules Philip Jr. 2
SCHEDULE TAX RATES PROPERTY CLASS RATE PER 1,000 OF ASSESSED VALUE Class 1 - Residential Class 2 Utilities 44.93324 Class 4 - Major Industry Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm 3
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