Part II - Enacted First Nations Legislation

Decision Information

Decision Content

b(fl First Nations Tax Commission b. W 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 Kwaw Kwaw Apilt First Nation in the Province of British Columbia, Kwaw Kwaw Apilt First Nation Annual Expenditure Law, 2011 Dated at Kamloops, British Columbia this 26th day of May, 2011. On behalf of the First Nations Tax Commission C.T. 4 Nations Tax Commission
KWAW KVAW APILT FIRST NATION FIRST NATION ANNUAL EXPENDITURE LAW, 2011 WHEREAS: A. Pursuant to section 5 of the First Nations Fiscal and Statistical Management Act, the council of a first nation may make laws respecting taxation [or local purposes of reserve lands, interests in reserve lands or rights to occupy, possess or use resene lands, including laws authorizing the expenditure of local revenues; B. The council of the First Nation has made a properly assessment law and a property taxation law; and C. Section 10 of the First Nations Fiscal and Statistical Management Act requires a first nation that has made a property taxation law to, at least once each year, make a law establishing a budget for the expenditure of revenues raised under its property taxation laws; NOW THEREFORE the Council of the Kwaw Kwaw Apilt First Nation duly enacts as follows: 1. This Law may be cited as the Kwaw Kwaw Apilt Fi,wt Nation Annual Expenditine Laii’, 2011. 2. In this Law: Act means the First Nations Fiscal antI Statistical Management Act, S.C. 2005, c.9. and the regulations made under that Act; annual budget means the budget, attached as a Schedule to this Law, setting out the projected local revenues and projected expenditures of those local revenues during the budget period; Assessment Law means the Know Knott Apilt First Nation Property Assessment Bylaii Amenthnent 11995; Council has the meaning given to that term in the Act; First Nation means the Kwaw Kwaw Apilt First Nation, being a band named in the schedule to the Act; Law means this annual expenditure law enacted under paragraph 5(1 )(b) of the Act; local revenues means money raised by the First Nation tinder a property taxation law; property taxation law means a law enacted by the First Nation under paragraph 5(l)(a) of the Act; taxable property means properly in a reserve that is subject to taxation under a property taxation law; and Taxation Law means the Kuaii Kiiait .4pilt First Nation Property Taxation Bjlan A,nenthnent 11995.
3. The First Nations annual budget for the fiscal year beginning April 1 2011, and ending March 31 2012, is attached as a Schedule to this 4. This Law authorizes the expenditures provided for in the annual budget. 5. Expenditures of local revenues must be made only in accordance with the annual budget. 6. Where the First Nation wishes to authorize an expenditure not authorized in the annual budget, or change the amount of an expenditure authorized in the annual budget, Council must amend the annual budget by amending this Law in accordance with Council procedure and the requirements of the Act. 7. The grant amounts set out in the annual budget are hereby approved as expenditures in accordance with the Taxation Law. 8. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule. 9. Except where otherwise defined, words and expressions used in tlus Law have the meanings given to them in the Assessment Law and the Taxation Law. 10. V/here a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 11. This Law must be construed as being remedial and must be given such fair, large and liberal constniction and interpretation as best ensures the attainment of its objectives. 12. The Schedule attached to this Law forms part of and is an integral part of this Law. 13. This Law comes into force and effect on [lie day after it is approved by the First Nations Tax Commission. THIS LAW IS HEREBY DULY ENACTED by Council on the 19th day of May. 2011, at Chilliwack, in the Province of British Columbia. A quorum of Council consists of two (2) members of Council. Chief Betty 1-lenry Councilor Gilbert Joe
SCHEDULE ANNUAL BUDGET REVENUES 1. Local revenues for current fiscal year: a. Property Tax $230,421 2. Accumulated Surplus - Local revenues carried over from the previous fiscal year S I Accumulated Deficit - Local revenues carried over from the previous fiscal yea $ TOTAL REVENUES 5230,42 1 EXPENDITURES I. General Government Expenditures a. Executive and Legislative b. General Administrative $40,000 c. Other General Government SI 2,000 6. Environment Health Services a. Water Purification and Supply $1,500 b. Sewage Collection and Disposal $2,500 c. Garbage Waste Collection and Disposal $2,258 7. Other Services a. BCAA Levy $2,000 b. Other Service 594,858 8. Grants: a. Home owner grant equivalents: $73,000 9. Contingency Amounts $2,305 TOTAL EXPENDITURES $230,421 BALANCE SO Note: The First Nation has the following service agreements with third-party service providers, and the amounts indicated are the amounts payable by the First Nation under each agreement during the budget period: A) City of chilliwack $94,858.
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