CERTIFICATION Pursuant to Section 86, Indian amendments thereto, I certify Musqueam Indian Band Assessment dated November 14, 2006 are Kathy Hankin A/Associate a superintendent Section 2(1) Act RSC 1985 C.I-5 and that the attached copies of the Supplemental By-Law true copies of the said by-law. ~ Director, Lands and Trust Services, as defined in Indian Act RSC 1985
Ministre des Affaires indiennes et du Nord canadien et interlocuteur fédéral aupres des Métis et des Indiens non inscrits Ottawa, Canada I, the Minister of Indian Affairs and APPROVE, pursuant to section 83 by-law made by the Musqueam Indian Columbia, at a meeting held on the Musqueam Indian Band Assessment Supplemental Dated at Ottawa, Ontario this Canac Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians K1A 0H4 Northern Development, HEREBY of the Indian Act, the following Band, in the Province of British 14th day of November 2006. By-law day of 2007. ~ t 1 f a lo~
MUSQUEAM INDIAN BAND SUPPLEMENTAL WHEREAS: (a) The Band passed a Property Assessment pursuant to section 83 of the Indian hereafter referred to as the “Assessment (b) Disputes have arisen regarding the Musqueam Reserve No. 2 (the “Reserve”) “Leaseholders”) of the following parcels Lots 1-75, Parcel A, Musqueam Indian Lots 1-144, Parcel B, Musqueam Indian (the “Lands”); (c) By an Agreement in principle dated Agreement”) the Council of the Band have agreed to settle their disputes on (i) The Leaseholders will withdraw interests in the Lands (and action listed in Schedule bring further appeals or litigation Release attached as Schedule (ii) The Council of the Band assessment of the Lands properties located within Oak Street that are considered the Musqueam Property Assessment valuation set out in Part 4 (“Off-Reserve Lands”) and exceed those applying to Leaseholders approve a proposal for another basis of assessment referendum (for greater certainty, appeal the assessed value comparables used by the provided that the grounds 03 0290\DOC\Amending BylawsASSESSMENT BY-LAW BY-LAW By-law on the 11th day of March, 1996, Act (the By-law as subsequently amended is By-law”); assessment and taxation of interests in land on the held by residential lease-holders (the of land: Reserve No. 2, CLSR Plan 52928; Reserve No. 2, CLSR Plan 55995 the 15th day ofMarch, 2006, (the “Settlement and the Representatives of the Leaseholders the following terms: their appeals of the assessment of their related litigation, with the exception of any 4 to the Settlement Agreement) and agree not to on the grounds set out in the form of 5 to the Settlement Agreement and will pass a by-law confirming that the basis of will be the same as that applying to residential that part of the City of Vancouver lying west of comparable by the assessor appointed under By Law using the principles of of the said By Law as in force on the date hereof the rates of taxes applied to the Lands will not Off-Reserve Lands unless a majority of the satisfactory to the Council of the Band or other rates of taxation by way of a it is confirmed that a Leaseholder may for a particular property on the grounds that the assessor are not appropriate for that property of the appeal do not challenge the use of
freehold properties not located determination of the value challenge any exemption Band or to Indians with (d) This By-law to amend the Assessment law”) and the By-law to amend By-law”) passed on the same day Settlement Agreement. NOW BE IT RESOLVED: 1. Basis of Assessment (a) Notwithstanding any provision of of the interests of the Leaseholders to Off-Reserve Lands unless a majority by way of a referendum held under satisfactory to the Council of the Reserve Lands. 2. Referendum A referendum to approve a basis of assessment Reserve Lands pursuant to section 1 of this Assessment the following procedures: (a) A referendum may only be called Resolution which shall: (i) Give the text of the referendum (ii) Determine the deadline for days after the date of the (iii) appoint a voting officer who conduct the referendum agent of the Band except conducting the referendum (b) Council shall give reasonable consideration made to it by the Representatives (c) A referendum will be conducted delivered by hand as provided herein; 03 0290 DOC\Amending Bylawson a reserve as comparable values in the of an interest in land situated on the Reserve or from payment of property taxes granted to the respect to interests in the Reserve);; By-law (the “Assessment Amendment By the Taxation By-law (the “Taxation Amendment are passed by Council to implement the the Assessment By-law the basis of assessment in the Lands will be the same as that applying of the participating Leaseholders approve section 2 below of a basis of assessment Band that is not the same as that applying to Off-which is not the same as that applying to Off-Amendment By-law will be held using by Council and by way of a Band Council question, and the referendum which must be no less than 90 Band Council Resolution, and will do all things necessary to organize and and who must not be a member, employee or for the limited purpose of organizing and nor a Leaseholder; to any request to call a referendum of the Leaseholders; by secret ballot which may be mailed in or
(d) The voting officer will mail or deliver Leaseholder at the address shown the deadline which contains the (i) The date, time and place (ii) The text of the referendum (iii) The deadline for mailing (e) An information meeting to explain 30 days before the date of the deadline (f) The voting officer will mail or deliver days prior to the deadline which (i) A declaration of Leaseholder Office as a Leaseholder; (ii) Text of the referendum question; (iii) Ballot for answering the (iv) An envelope to seal the ballot the voting officer; (v) Letter of instructions including may be hand delivered; (vi) Such further and other information appropriate; (g) On the day after the deadline for scrutineer appointed by the Representatives officers will count all the ballots up to 5:00 p.m. on the previous day thereafter; (h) The voting officer will notify Council counting and Council shall post each of the Leaseholders by mail (i) The count of the voting officer will 3. Amendment or Repeal of this Assessment This Assessment Amendment By-law may only (a) the Minister fails to approve this Amendment By-law within six months longer period as the Council and agree; or 03 0290 DOC\Amending Bylawsa notice of referendum to every on the Taxation Roll at least 60 days prior to following information: of the information meeting; question; in the ballot or for delivering the ballot by hand; the referendum will be held by Council at least at the Reserve, a package to every Leaseholder at least 21 package will include the following: that he or she is registered in the Land Title referendum question; in and a second envelope pre-addressed to an address on the Reserve to which ballots as the voting officer considers the referendum, and in the presence of a of the Leaseholders, the voting received whether by mail or delivered by hand and will disregard any ballots received of the results of the ballot on the day of the results in the Band office and send a copy to or delivery; be final. Amendment By-law be amended or repealed if: Assessment Amendment By-law or the Taxation of its passage by Council or within such the Representatives of the Leaseholders may
(b) a board of review appointed under favour of a Leaseholder on the grounds as Schedule 5 to the Settlement (c) it is replaced by another by-law same form and such by-law has Leaseholders participating in a referendum section 2; In the event that the Minister fails to approve this amend this Bylaw within the spirit of this Agreement, a majority of the Leaseholders pursuant to (a) above, to the Minister for approval. 4. By-law Interpretation This Assessment Amendment By-law shall be given interpretation as best ensures the attainment of 5. Miscellaneous (a) Headings form no part of this Assessment construed as being inserted for convenience (b) A finding by a court of competent Assessment Amendment By-law the validity or invalidity of any other as a whole. (c) Where a provision in this Assessment present tense, future tense or in the circumstances as they arise. (d) In this Assessment Amendment and words in the plural include the 6. Coming Into Force This Assessment Amendment By-law shall come the Minister. 03 0290\DOC\Amending Bylawsthe Assessment By-law or a court finds in set out in the form of the Release attached Agreement; or made under the Indian Act in substantially the first been approved by a majority of the held using the procedures set out in Assessment Amendment Bylaw, the Band shall and upon approval of the amendment(s) by the Band shall resubmit the amended bylaw such fair, large and liberal construction and its objectives. Amendment By-law but shall be of reference only. jurisdiction that a section or provision of this is void or invalid shall not affect or bear upon section or part of this By-law or this By-law Amendment By-law is expressed in the past tense, the provision applies to the By-law words in the singular include the plural, singular. into force immediately upon being approved by
THIS BY-LAW IS HEREBY ENACTED by Council at a duly convened meeting held on the ‘~tt’~~ day of ~n~j~J,~r-,2006. Chief Ernie Campbell Councillor Howard Grant ,.4 ~y-~-~ V~ CouncillorMyrtle McKaya Co~i~~ne Sparrow Councillor Wade Grant Councillor Delbert Guerm Councillor Jordan Point Cou~fi~or Allyson Fraser 03 0290’DOC\Amending Bylaws
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.