Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Ministre des Affaires autochtones Minister of Aboriginal Affairs and et du developpement du Nord Northern Development Ottawa, Canada K1A OH4 I, Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the O'Chiese First Nation, in the Province of Alberta, at a meeting held on the 7th day of July 2015. O'Chiese First Nation Annual Property Taxation Expenditure By-law, 2015 .fer Dated at Ottawa, Ontario, this Zit day of 2015. Canada
O'CHIESE FIRST NATION ANNUAL PROPERTY TAXATION EXPENDITURE BY-LAW, 2015 WHEREAS pursuant to section 83 of the Indian Act, the council of a band may make by-laws respecting taxation for local purposes of reserve lands, interests in reserve lands or rights to occupy, possess or use reserve lands, including by-laws authorizing the expenditure of local revenues; AND WHEREAS the Council of the O'Chiese First Nation has enacted the O 'Chiese Property Assessment and Taxation By-law, respecting taxation for local purposes on reserve; AND WHEREAS Section 55 of the O'Chiese Property Assessment and Taxation Bylaw, requires a first nation that has made a property taxation by-law to, at least once each year, make a law establishing a budget for the expenditure of revenues raised under its property taxation by-laws; NOW THEREFORE the Council of the O'Chiese First Nation duly enacts as follows: 1. This By-law may be cited as the O'Chiese First Nation Annual Property Taxation Expenditure By-law, 2015. 2. In this by-law: "Act" means the Indian Act and the regulations made under that Act; "annual budget" means the budget, attached as a Schedule to this By-law, setting out the projected local revenues and projected expenditures of those local revenues during the budget period; "Council" has the meaning given to that term in the Act; "First Nation" or "Band" means the O'Chiese First Nation, being a band within the meaning of subsection 2(1) of the Indian 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; "local revenues" means money raised by the First Nation under a property taxation by-law; "property taxation by-law" means a by-law enacted by the First Nation under section 83 of the Act; "taxable property" means property in a reserve that is subject to taxation under a property taxation by-law; and "Taxation By-law" means the O'Chiese Property Assessment and Taxation By-law. 3. The First Nation's annual budget for the budget year beginning January 1, 2015, and ending December 31, 2015, is attached as a Schedule and the expenditures provided for in the Schedule are authorized. 4.(1) The First Nation's interim budget for the budget year beginning January 1, 2016, and ending December 31, 2016, is attached as a Schedule and the expenditures provided for in the Schedule are authorized. (2) The expenditures provided for in subsection (1) are authorized until the First Nation's annual expenditure by- 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. The grant amounts set out in the annual budget are hereby approved as expenditures in accordance with the Taxation By-law. 6. This By-law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule. 7. Expenditures of local revenues must be made only in accordance with the annual budget. 8. Notwithstanding section 7 of this By-law, Council may at any time amend the annual budget by amending this By-law in accordance with Council procedures and the requirements of the Act. 9. Except where otherwise defined, words and expressions used in this By-law have the meanings given to them in the Taxation By-law. 10. Where a provision in this By-law is expressed in the present tense, the provision applies to the circumstances as they arise. 11. This By-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. The Schedule attached to this By-law forms part of and is an integral part of this Bylaw. 13. This By-law comes into force and effect upon being approved by the Minister of Indian Affairs and Northern Development. THIS BY-LAW IS HEREBY DULY ENACTED by Council at a duly covened meeting of held on the 7th day of July, 2015. A quorum of Council consists of (4) members of Council. Ch i'' arren Whitford Councillor Douglas Beaverbones Councillor Cedric Whitford A (77, ounc Martin Ironbow Councillor Cleon Strawberry Councillor •+-r gtrawberry Councillor Barry Saulteaux
SCHEDULE A O'CHIESE FIRST NATION 2015 ANNUAL BUDGET AND INTERIM BUDGET PART 1: REVENUES 1. Local revenues for current fiscal year: a. Property Tax $ 1,063,366.60 2. Accumulated Surplus - Local revenues carried over from the previous fiscal year $ 3. Accumulated Deficit - Local revenues carried over from the previous fiscal year $ TOTAL REVENUES $ 1,063,336.60 PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative b. General Administrative $ 500,000.00 c. Other General Government Lands Program Salaries $ 42,029.94 2. Protection Services a. Policing b. Firefighting c. Regulatory Measures 3. Transportation a. Roads and Streets b. Snow and Ice Removal c. Parking d. Public Transit e. Other Transportation 4. Recreation and Cultural Services a. Recreation Play Ground Project $ 50,000.00 b. Culture $ 100,000.00 c. Heritage Protection d. Other Recreation and Culture Elders Program $ 100,000.00
5. Community Development a. Housing $ 115,000.00 b. Planning and Zoning $ 50,000.00 c. Community Planning d. Economic Development Program e. Tourism 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 d. Recycling e. Other Environmental Services 7. Fiscal Services a. Long-term Payments to the First Nations Finance Authority b. Interim Financing Payments to the First Nations Finance Authority c. Other Payments d. Accelerated Debt Payments e. Other Fiscal Services 8. Other Services a. Health b. Social Programs and Assistance c. Agriculture d. Education e. Other Service 9. Contingency Amounts $ 106,336.66 TOTAL EXPENDITURES $ 1,063,366.60
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