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 Kamloops Indian Band Property Assessment By-law No . 9 dated June 13, 1995 is a true copy of the said by-law . .,rrKuDhir Lands and T/ist Services, a Superintendent as defined in Section 2(1) Indian Act RSC 1985 Dated this /;- day of December , 2000.
Minister of Indian Affairs Ministre des Affaires and Northern Development indiennes 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 by-law made by the Kamloops Indian Band, in the Province of British Columbia, at a meeting held on the 13th day of June 1995. Kamloops Indian Band Property Assessment Amendment By-law No. 9 Dated at Ottawa, Ontario this 28th day of J.uly, 1995
KAMLOOPS INDIAN BAND PROPERTY ASSESSMENT AMENDMENT BY-LAW NO . 9 WHEREAS: In 1990 the Kamloops Indian Band Taxation and Assessment By-laws were passed and approved by the Minister of Indian Affairs pursuant to Section 83 of the Indian Act. AND WHEREAS : It is necessary to make certain amendments to the Assessment By-law for the purposes of implementing the Kamloops Indian Band's taxation system . BE IT HEREBY RESOLVED: that the Chief and Council of the Kamloops Band of Indians enacts the following amendment bylaw for the purposes of land and property assessment pursuant to the Indian Act and in particular section 83(1) thereof: l . SHORT TITLE This By-law may be cited as . the Property Assessment Amendment By-law No. 9 . 2. Section 18(A) of the Assessment By-law is amended by deleting the words "each year" . 3 . Section 18(C) of the Assessment By-laW is repealed and substituted by the following : 18. (C) The Council of the Band shall maintain a list of substitute members of the Assessment Review Committee. Where a member of the Assessment Review Committee is disqualified, unable or unwilling to act, Chief and Council shall appoint the first person on the list of substitute members of the Assessment Review Committee, to act for the period for which that member of the Assessment Review Committee is unavailable, but if that person is disqualified, unable or unwilling to act, Chief and Council shall appoint the next person on the list until a substitute member of the Assessment Review Committee is able to act.
4 . The following section is added as section 18(D) of the Assessment By-law : 18 . (D) Each member of the Assessment Review Committee shall hold office for a term of three years unless the member resigns or is otherwise removed from office in accordance with the provisions of this By-law. 5 . The following is added as section 18(E) of the Assessment By-law: 18 . (E) Each member of the Assessment Review Committee shall be paid for his/her services as a member of the Assessment Review Committee as follows : (a) Craig Nixon, Barrister and Solicitor, at a rate of One Hundred ($100 .00) Dollars per hour; (b) Gordon Frampton, AAC1, P.APP ., at a rate of Five Hundred ($500 .00) Dollars per day; and (c) Allan Manuel, Kamloops Indian Band Member at a rate of Two Hundred and Fifty ($250.00) Dollars per day . for time spent on Board activities . 6. The following is added as . s .~ e , ction 18(F) of the Assessment By-law: 18.(F) A member of the Assessment Review Committee may be removed from office if he or she: (1) is convicted of an offense under the Criminal Code ; (2) fails to attend three consecutive'appeal hearings ; or (e) fails to perform any of his or her duties under this By-law in good faith and in accordance with the terms of this By-law . 7 . Section 24(A) of the Assessment By-law is repealed and replaced with the following : 24.(A) No person may sit as a member of the Assessment Review Committee hearing an appeal if that person :
3 (1) has a direct or indirect financial interest in any real property assessment to which the appeal relates; is an employee of the Band or the Band Council; or has financial dealings with the Band or the Band Council which might reasonably give rise to a conflict of interest and impair that persons' ability to deal fairly and impartially with an appeal as required under the terms of this By-law . Appr" by Chief and Council at a duly convened meeting this 113 day of , 1995 . SIGNED, SEALED AND DELIVERED by the Kamloops Indian Band in the presence of : A COMMISSl~SNER FOR TAKING AFFI[}AVITS FOR B'=clTi11z1+J C()LUPII81A Chief w~~~~CLo ~ wwL Councillor Councillor Councillor ' Councillor
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