Part II - Enacted First Nations Legislation

Decision Information

Decision Content

CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.1-5 and amendments thereto, I certify that the attached copy ofthe Cook's Ferry Indian Band Assessment By-Law No. 1995-2 being a By-Law to amend By-Law 1992-1, dated March 8, 1995 is a true copy of the said by-law . Richard Frizell Lands and Trust Services, a Superintendent as defined in Section 2(l) Indian Act RSC 1985
Minister of Indian Affairs ~XY1~3-~ft~ Ministre des Atfaires 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 Cook's Ferry Indian Band, in the Province of British Columbia, at a meeting held on the 8 1h day of March 1995. COOK'S FERRY INDIAN BAND ASSESSMENT BY-LAW NO. 1995-2 BEING A BY-LAW TO AMEND BY-LAW 1992-1 Dated at Hull, Quebec this So +L4 day of Aq,--di 1995. Dan E. G16odleaf Deputy Minister Ottawa, Canada K1 A OH4
COOK'S FERRY INDIAN BAND ASSESSMENT BY-LAW BY-LAW NO. 1995-2 BEING A BY-LAW TO AMEND BY-LAW 1992-1 WHEREAS the Council of the Cook's Ferry 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 Matsqui 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 Souzzum Indian Band Council _v . -Canadian Pacific Limited - and -Indian Taxation _Advisory Board (the "Matsqui Decision") NOW THEREFORE BE IT RESOLVED that the Council of the Cook's Ferry Indian Band, at a meeting duly called and held, makes as a By-law the following : By-law No. 1992-1 approved and passed at a duly convened meeting of the Council of the Cook's Ferry Indian Band held at Cook's Ferry Indian Band Office, Cook's Ferry Indian Band Office, Spences Bridge, British Columbia on the 25th day of September, 1992, where the Cook's Ferry Indian Band deemed it advisable and in the best interests of the members of the Cook's Ferry 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 Amea.pf/1
(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 Bfitish 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 Biltish 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 : 11(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 Cook's Ferry Indian Band held at Cook's Ferry Indian Band Office, Spences Bridge, British Columbia this V-111- day of r , 1995, as witnessed by our signatures given below being a majority of th~'Councillors of the Band. (Membdi' of the Council) (Member of the Council) I (Member of the Council) (Member of the Council) (Meffiber 6f the Council) (Member of the Council) (Member of the Council) (Member of the Council) A quorum of chief and council consists of three (3). (123) 2nd_Amcn .pf/2
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