First Nations Tax Commission Commission de Ia fiscalité des premieres nations The First Nations Tax Commission, pursuant to the First Nations Fiscal and Statistical Management Act hereby approves the following law made by the Lower Kootenay Indian Band in the Province of British Columbia, Lower Kootenay Indian Band Annual Rates Law, 2011 Dated at Osoyoos, British Columbia this 14th day of June, 2011 On behalf of the First Nations Tax Commission C.T. (Ma4)iJules — Chief Commissioner a4 - - First Nations Tax Commission
LOWER KOOTENAY INDEAN BAND ANNUAL RATES LAW, 2011 WI-IFREAS: A. Pursuant to section 5 of the First Venous hsctI and Star/stied Management 4cr. 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 ritbts in the reserve: B. The council of the First Nation has made a property assessment law and a property taxation law: atid C. Section 10 of the First Nations Fiscal and SrarLvrical Management Act reqtiires 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 Lower Kootenay Indian Band duly enacts as follows: Tins Law niav he cited as die Loiter Kootenai’ Indian Band :tuiuuital Rates Lan’, 20!). 2. Iti this Law: “Act’’ means the Fi,’st Nat jQul.c Fiscal and Snitistical Management -Icr. S.C. 2005. c.9. and the regulations made under that Act: “Assessment Law’’ means the Lou-er Knntenar hid/an Band Pi’apern AS5L’sSineuit Laii 2008: “First Nation” means the Lower Kootenay Indian Band being a band named in ilie schedule to the Act: “property taxation law” means a law enacted by the First Nation under paragraph 5(1 )(a) oftlie Act; “taxable property” means property in a reserve that is subject to taxation under a property taxation law: and ‘‘Taxation Law” means the Lou-er kootenar Indian Bnnl Pu’opeu’n Taxation La’’. 200S. 3, Taxes levied pursuant to the Taxation Law for the taxation year 2011 shall be determined b- imposing the rates set out in the Schedule upon the assessed value of all taxable property in each propern 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 (S IOU). the taxable properly shall be taxed at one hundred dollars (SlOO) for the taxation \ear. 5. Notwithstanding any other provision of this Law, if the First Nations Financial Management Board gives noticc to Council pursuant to the Act that third-party management of the revenues raised under this Law is required. Council authorizes the First Nations Financial Management Board to act as agent of the First Nation to Ililfili any of the powers and obligations of the Council under tins La’v and the Act. 6. Except where otherwise defined, words and expressions used in this Law have the meanings given to titem iii the Assessment Law and the Taxation Law. 7. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 8. 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. 9. The Schedule attached to this Law fonts part of and is an integral pan of this Law. 10. 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 Ray of June. 2011. at Creston. in the Province of British Columbia. A quorum of Council consists of three (3) members of Council. Chief M. Jason Louie t-sU-Councillor Mamw Basil Councillor Arlene Basil Councillor Sandra Luke Councillor Anne Jimmie
SCHEDULE TAX RATES PROPERTY CLASS RATES PER 51.000 OF ASSESSED VALUE Bril isli Columbia Class I ResideliLial 8.979 — Class 2 UtihLies 5 1.250 — Class 5 Light lndusLn 7.100 Class 6 - Business and Other 4.930 Class 9 - Fami 17.520
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