CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.I-5 and amendments thereto, I certify that the attached copy of the Kanaka Bar Indian Band Assessment By-LawNo. 1995-2 being aBy-Law to amend By-Law 1991-1, dated February 16, 1995 is a true copy ofthe said by-law . Richard Frizell Lands and Trust Services, a Superintendent as defined in Section 2(1) Indian Act RSC 1985
Minister of Indian Affairs fi~$~~~~~ Ministre des Affaires and Northern Development ~indiennes et du Nord canadien On behalf of the Minister of Indian Affairs and Northern Development, I HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Kanaka Bar Indian Band, in the Province of British Columbia, at a meeting held on the 16`h day of February 1995. KANAKA BAR INDIAN BAND ASSESSMENT BY-LAW NO . 1995-2 BEING A BY-LAW TO AMEND BY-LAW 1991-1 Dated at Hull, Quebec this 3oY- day of A,,,& 1995. Dan E. Goodleaf Deputy Minister Ottawa, Canada K1AOH4
KANAKA BAR INDIAN BAND ASSESSMENT BY-LAW BY-LAW NO. 1995-2 BEING A BY-LAW TO AMEND BY-LAW 1991-1 WHEREAS the Council of the Kanaka Bar Indian Band is amending its Assessment By-Law in accordance with directions from the Supreme Court of Canada decision rendered on January 26, 1995 and in particular the reasons for judgment written by The Right Honourable Antonio Lamer, P.C ., Chief Justice, in Matsaui Indian Band and Matsaui Indian Band Council _V. -Canadian Pacific Limited and Unitel Communications Inc. and -Indian Taxation Advisorv Board - and between -Siska Indian Band and Siska Indian Band Council Kanaka Bar Indian Band and Kanaka Bar Indian Band Council Nicomen Indian Band and Nicomen Indian Band Council Shuswap Indian Band and Shuswap Indian Band Council Skuppah Indian Band and Skuppah Indian Band Council Spuzzum Indian Band and Spuzzum Indian Band Council - v . s Canadian Pacific Limited -and-Indian Taxation Advisorv Board (the "Matsqui Decision") NOW THEREFORE BE IT RESOLVED that the Council of the Kanaka Bar Indian Band, at a meeting duly called and held, makes as a By-law the following : By-law No. 1991-1 approved and passed at a duly convened meeting of the Council of the Kanaka Bar Indian Band held at Kanaka Bar Indian Band Office, Fraser Canyon Tribal Administration Office, Lytton, British Columbia on the 5th day of December, 1991, where the Kanaka Bar Indian Band deemed it advisable and in the best interests of the members of the Kanaka Bar Indian Band to establish, by by-law, a system for the assessment and taxation of land, or interests in land, including rights to occupy, possess or use land in the reserve, such assessment being ancillary to and necessary for the establishment of an equitable system of levying taxes for local purposes on land, or interests in land, including rights to occupy, possess or use land in the reserve, and the same is hereby amended by: (123) 2nd Amen.pfll
(a) in sub-section 40(3) of the said By-Law, striking out "in addition may be paid the remuneration as may be ordered by the chief and council" and substituting : "in addition shall be paid the remuneration as shall be established by the Lieutenant Governor in Council pursuant to sub-section 48(5) of the British Columbia Assessment Act, R.S.B.C. 1979 c. 21 as amended from time to time with respect to the remuneration of the members of an Assessment Appeal Board (as that term is defined in that British Columbia Assessment Act) during the term of the office of the member of a Board of Review." (b) in section 40 of the said By-law, adding sub-section (5) as follows : "(5) Unless the member of a Board of Review sooner dies, resigns or is removed from office for just cause by band council resolution or otherwise, a Member of a Board of Review shall hold office during good behaviour for a term of not less than three years, commencing on the date of the appointment under sub-section (1) of this section." APPROVED AND PASSED at a duly convened meeting of the Kanaka Bar Indian Band held at Fraser Canyon Tribal Administration Office, Lytton, British Columbia this (6Tf day of February, 1995, as witnessed by our signatures given below being a majority of the Councillors of the Band. (Member of the Council) G-(Memb of e ouncil) (Member of the Council) (Member of the Council) (Member of the Council) (Member of the Council) (Member of the Council) A quorum of chief and council consists of two (2). (123) 2nd-Amen.pf/2
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