Part II - Enacted First Nations Legislation

Decision Information

Decision Content

CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.I-5 and amendments thereto, I certify that the attached copy of the Boothroyd Indian Band Taxation and Assessment Amending By-Law No . 1995-2 dated December 15, 1995 is a true copy of the said by-law Gail Ksonzyna Lands and Trust Services, a Superintendent as defined in Section 2(1) Indian Act RSC 1985
Minister of Indian Affairs Ministre des Affaires and Northern Development mdiennes et du Nord canadien Ottawa, Canada K1A OH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following bylaw made by the Boothroyd Indian Band, in the Province of British Columbia, at a meeting held on the 15th day of December 1995. Boothroyd Indian Band Taxation and Assessment Amending Bylaw No. 1995-2 Dated at Ottawa, Ontario this 13th day of March, 1996.
BOOTHROYD INDIAN BAND TAXATIONAND ASSESSMENT AMENDING BYLAW NO. 1995-2 WHEREAS the Boothroyd Indian Band Taxation and Assessment Bylaws were approved by the Minister pursuant to Section 83 ofthe Indian Act on June 23, 1993 ANDWHEREAS it is necessary for the efficient operation and administration ofthe taxation system to make certain amendments to the aforesaid Bylaws BE IT HEREBY RESOLVED that the Chiefand Council ofthe Boothroyd Indian Band enacts the following bylaw pursuant to Section 83 ofthe Indian Act : 1 This Bylaw may be cited as the Boothroyd Indian Band Assessment and Taxation Amending BylawNo 19954-2 Section 40 of the Assessment Bylaw is hereby amended by repealing it and replacing it with the following . 40 (1) The Chiefand Council shall by Band Council Resolution establish a Board of Review which shall consist of (a) one person who is or was duly qualified to practice law in the Province of British Columbia, or who is or was a Judge of a Provincial, County or Supreme Court in the Province of British Columbia, (b) one person who has sat as a member of an appeal board to review assessments in and for the Province of British Columbia ; (c) one person who may be a member ofthe Boothroyd Indian Band who does not have any direct or indirect financial interest in any real property assessment to which an appeal relates (2) Each member of the Board of Review shall hold office for a period ofthree years unless the member resigns or is otherwise removed from office in accordance with the terms of this Bylaw (3) The members ofthe Board ofReview shall be paid their reasonable and necessary traveling and out of pocket expenses incurred in carrying out their duties on the Board of Review and in addition shall be paid the remuneration established from time to time by the Lieutenant Governor in Council with respect to the remuneration ofmembers of the Assessment Appeal Board 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 (4) A member ofthe Board of Review shall be removed from office by Chiefand Council ifhe or she' (a) is convicted of an offense under the Criminal Code; (b) fails to attend three consecutive appeal hearings; (c) fails to perform any of his or her duties under this Bylaw in good faith, or (d) hears an appeal while disqualified by virtue ofsection 40.1 of this Bylaw .
- 2 -3 The following is added as section 40 .1 of the Assessment Bylaw 401 No person may sit as a member of the Board of Review to hear an appeal ifthat person : (a) has a direct or indirect financial interest in any real property assessment to which the appeal relates; (b) is the Chief or a member of the Council ofthe Band, (c) is an employee of the Band or the Council of the Band, or (d) has financial dealings with the Band or the Council of the Band which might reasonably give rise to a conflict ofinterest and impair that person's ability to deal fairly and impartially with the appeal as required under the terms ofthis Bylaw APPROVED AND PASSED at a duly convened meeting ofthe Band Council of the Boothroyd Indian Band held at the Boothroyd Indian Band Administration Office, this _t( ;&I"ay of 1995 MOVEDBY r SECONDED BY A QUORUM OF BAND COUNCIL CONSISTS OF 3COUNCILLORS . CHIEF COUNC LOR COUNCILLOR /- , COUNCILLOR ' COUNCILLOR COUNCILLOR agC \WINWORD\CLIENrB00TfBYLWivfEND2 DOC12/13/95
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