CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C .I-5 and amendments thereto, I certify that the attached copy of the Bonaparte Indian Band Property Tax Expenditure By-Law, dated 17th . day of May,. 2002 is a true copy of the said by-law . a Superintendent as defined in Sec 2(1) Indian Act RSC 1985
Minister of Indian Affairs Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1 A 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 Bonaparte Indian Band, in the Province of British Columbia, at a meeting held on the 17`h day of June 2002. Bonaparte Indian Band Property Tax Expenditure Bylaw W Dated at Ottawa, Ontario this/401 day of <V440b~ 2002.
Bonaparte Indian Band Property Tax Expenditure By-Law No. 11, 2002 WHEREAS the Bonaparte Indian Band Property Tax By-law No. 1 (1993) andNo. 2 (1994) was made pursuant to subsection 83(1) ofthe Indian Act,R.S.C . 1985, c. 1-5, for the purpose oftaxation for local purposes of land, or interests in land, in the "reserve" (as defined in those By-laws) including rights to occupy, possess or use land in the "reserve"; Subsection 83(2) ofthe Indian Actprovides that an expenditure made out of moneys raised pursuant to subsection 83(1) ofthe Indian Actmust be made under the authority of a by-law ofthd council of theband; The Bonaparte Indiau Band Property TaxBy-law No. l (1995) authorizes the making ofcertain expenditures out ofproperty tax revenue Council deem it expedient to enact for this purpose, inter alia, procedures for the authorization ofexpenditures to be made outofproperty tax revenue from time to time. Council wishes to authorize expenditures (in addition to those already authorized) to be made out ofproperty tax revenue from time to time in the by-law . NOWBE IT HEREBY RESOLVED that the following by-law be and is hereby enacted pursuant to the provisions of the Indian Actandin particular subsections 83(1) and (2) thereof, for the purpose of authorizing expenditures to be made out ofproperty tax revenue. SHORT TITLE 1 . This By-Law may be cited for all purposes as the Property Tax Expenditure By-lawNo. 11, 2002 2. In this By-~aw, including, without limiting the generality ofthe foregoing in the recitals and this section, "annual property tax ~udget" means a budget that includes and identifies in a general way projected property tax revenuefor afiscal year, surplus or deficit property tax revenue carried over from previous fiscal years-and Projected expenditure to be made out of property tax revenue for the fiscal year for local purposes ; "Band" means the Bonaparte Band of Indians; "band council resolution" means a motion passed and approved at a meeting of Council pursuant to the consent ofamajority of the quorum of the Councillors of the Band;
"community works". includes, without limitation, designing, constructing, reconstructing, creating, replacing, enlarging, extending, removing, moving, repairing, maintaining, and operating buildings, works and facilities (other than public works), located within Reserve and owned, operated, controlled, managed, administered, provided or financially supported, wholly or in part, by the Band or Council on behalf of the Band and used for community services or general government services, including, without limiting the generality of the foregoing, Band administration offices, Band; Band public works yards, cemeteries, longhouses, cultural centres, daycare centres, group homes, libraries, archives, museums, art galleries, recreation centres, parks andplaygrounds, together with Reserve lands appurtenant thereto; "community services" includes, without limitation, programs and services (other than utility services), operated, controlled, managed, administered, provided or financially supported, wholly or in part, by the Band or Council on behalf ofthe Band and ofbenefit to anyresidents ofReserve (whether in common with any non-residents of Reserve or not) including, withoutlimiting the generality ofthe foregoing, social, public health, cultural, recreation, education, daycare, library, park, playground, police or fire protection programs and services; "Council" meansthe Council ofthe Bonaparte Indian Band within the meaning of subsection 2(1) of the Indian Act as elected by the Band members from time to time pursuant to the custom ofthe Band; "fiscal year" means April 1 of a calendar year through March 31 of the following calendar year ; "general government services" includes, without limitation, government and administrative programs, services and operations ofthe Band or Council on behalfofthe Band including, without limiting the generality ofthe foregoing, the operations of Council and the development, preparation, enforcement and administration of Council or Band policies, by-laws andprograms and the administration and operation of departments of the Band; "Minister" means the Minister ofIndian Affairs and Northern Development and includes aperson designated in writingby the Minister; "permitted property taxation by.-law expenditures" means those expenditures out of property tax revenue. "property assessment by-law" means the Bonaparte Indian Band Property Tax By-law No.l (1993 and No-2 1994) approved and passed by the Council in 1993/94, and as amended from time to time; "property taxation by-law" means Bonaparte Indian Band Property Tax By-law No. l (1993 and No. 2 1994) approved andpassed by the Council 1993/94 as amended from time to time;
"property tax revenue" includes all taxes and other moneys raised under the Bonaparte Indian Property Tax By-law No. l (1993) and No.2 (1994), including, without limiting the generality of the foregoing, all interest earned thereon and other accumulations thereto from time to time; "public works" includes (a) designing, constructing, reconstructing, creating, replacing, enlarging, extending, removing, moving, repairing, maintaining or operating (i) roads, streets, overpasses, underpasses, sidewalks, foot crossing, curbing bridges, tunnels, culverts, embankments and retaining walls; (ii) equipment, wires, works and facilities, including standards and conduits, necessary to supply public lighting within reserve, including, without limiting the generality ofthe foregoing, all necessary poles, towers, cross-arms, encasements, transformer structures and other related works and facilities ; conduits for wires, fibre-optics and pipes for purposes other than providing public lighting within reserve, including, without limiting the generality of the foregoing, all necessary poles, towers, cross-arms, encasements, transformer structures and other related works and facilities . storm or sanitory sewer or water lines, works and facilities, including service connections to sewer or water lines on land abutting amain; sewage treatment and water treatment works, facilities and plants ; retaining walls, rip-rap, sheet-piling, sea-walls, pilings, dykes and breakwaters in, alongor adjacent to the sea, a lake or a river; and anybuildings, works or facilities related or ancillary to anything referred to in subparagraphs (i) through (vi), together with reserve lands appurtenant thereto; remediating environmentally contaminated reserve lands; and creating newlands by any lawful means including, without limiting the generality ofthe foregoing, by the placement and compaction ofpermitted soils and other fill materials; "Reserve" means those lands the legal title to which is vested in Her Majesty, that have been set apart by Her Majesty for the use and benefit of the Band, whetherthey be designated lands or conditionally surrendered lands or otherwise; "surveyor of taxes" means the Tax Administrator appointed by Council under Bonaparte Indian Band Property Tax By-law No.l (1993) andNo.2 (1994) .
"utility services" includes water, storm sewer, sanitary sewer, garbage collection, garbage disposal, solid waste disposal, sewage treatment and water treatment programs, services and operations . AUTHORIZATION OF EXPENDITURE OF PROPERTY TAX REVENUE 4.(1) This By-law authorizes the expenditure ofproperty tax revenue by Council on behalfofthe Band for local purposes . (2) Without limiting the generality of subsection (1) but for greater certainty, this By-lawauthorizes the expenditure ofproperty tax revenue by Council on behalf of the Band on community works, community services, general government services, permitted property taxation by-law expenditures, public works and utility services . ANNUAL PROPERTY TAX BUDGET 5.(1) On or before July 31 in each fiscal year, the ChiefAdministrative Officer for the Band shall prepare for Council on annual property tax budget for the current fiscal year. Council by band council resolution shall approve the budget . The Band shall endeavor to forward such budget and resolution on or before August 31 of the same fiscal year to the Indian Taxation Advisory Board. (2) Subject to subsection (4), all expenditures made out of property tax revenuethat Council is authorized to make under this By-law shall be made pursuant to an annual property tax budget that has been approved by band council resolution . (3) For great certainty (a) Band Council may at any time and from tune to time amend any annual property tax budget and any band council resolution approving an annual property tax budget ; and nothing in this By-law shall have the effect of amending other Bonaparte Indian Band bylaws or of limiting the authorization of, or requiring additional procedures to permit, expenditures of property tax revenuethereunder. PROPERTY TAXREVENUE ACCOUNTS 6.(1) All property tax revenue shall be deposited in a special accountor accounts maintained in the name ofthe Band and be invested until required to be expended pursuant to an annual property tax budget that hasbeen approved by band council resolution.
2. Any surplus property tax revenue raised during afiscal year that is not required for expenditure during that fiscal year pursuant to an annual property tax budget that has been approved by band council resolution, shall be set aside in a special surplus fund account or accounts maintained in the name ofthe Band and be invested until required for such expenditure in a future fiscal year. ADMINISTRATION AND ENFORCEMENT 7. The surveyor of taxes who is the ChiefAdministrative Officer for the Band shall administer this By-law. BY-LAW REMEDIAL 8. This By-law shall be construed as being remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives. MISCELLANEOUS 9.(1) Headings form no part ofthis By-law but shall be construed as beinginserted for convenience ofreference only . (2) A finding by a court ofcompetentjurisdiction that a section or provision ofthis By-law is void or invalid shall not affect or bear upon the validity or invalidity of any other section or part of this By-law or this By-law as awhole. (3) Where a provision in this By-law is expressed in the present tense, future tense or in the past tense, the provision applies to the circumstances as they arise. (4) In this By-law words irk the singular include the plural, and words in the plural include the singular. COMING INTO FORCE 10. This By-law shall come into force immediately upon being approved by the Minister .
APPROVED ANDPASSED at a duly convened meeting ofthe Band Council ofthe Bonaparte Indian Band held at the Bonaparte Band Hall, Bonaparte l.R.#3, P.O. Box 669, Cache Creek, B.C., VOK IHO, this 17dday ofJune, 2002. A quorum ofBand Council consists of 5 Councillors Councillor Dave Antoine Councillor Tracy Matthew
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