Part II - Enacted First Nations Legislation

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CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.I-5 and amendments thereto, I certify that the attached copy ofthe Cheam Indian Band Assessment By-Law No. 1995-2 being a By-Law to Amend By-Law 1992-1, dated February 27, 1995 is a true copy of the 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 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 Cheam Indian Band, in the Province of British Columbia, at a meeting held on the 27h day of February 1995 . CHEAM INDIAN BAND ASSESSMENT BY-LAW NO. 1995-2 BEING A BY-LAW TO AMEND BY-LAW 1992-1 Dated at Hull, Quebec this 3o +t-t day of Aa.--c.^ 1995 . Dan E : Goodleaf Deputy Minister Ottawa, Canada K1A OH4
CHEAM 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 Cheam 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 Matsqui indian Band and MatSQui Indian Baad Council Canadian Pacific Limited and UniteI Communicatjoss Inc. - and -Indian axation Advisory 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 Snuzzum Indian Band and S uzzum I dian Band Council v . Canadian Pacific Limited - and -Indian Taxation AdvisorY Board (the "Matsqui Decision") NOW 'THEREFORE BE IT RESOLVED that the Council of the Cheam 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 Cheam Indian Band held at Cheam Indian Band Office, Rosedale, British Columbia on the 2401 day of September, 1992, where the Cheam Indian Band deemed it advisable and in the best interests of the members of the Cheam Indian Band to establish, by bylaw, a system for die 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 ill die reserve, and the same is hereby amended by: (1?3) 2nd-Amcn.pf/ 1
(a) in sub-section 40(3) of the said By-Law, strildng 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 .II.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 tesm 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 Cheam Indian Band held at Rosedale, British Columbia this ;27 day of February, 1995, as witnessed by our signatures given below being a majority of the Councillors of the Band. -- i ' (Member of the Council) (Mem er of the Council) t (Member-of the Coun~ (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 three (3) . (1?3) 2nd_Mns,,pf/1
1*1 ~,, Indtan end Northern Allaltes Indiennes ! Allabs Canada et du Noad Canada BAND COUNCIL RESOLUTION RESOLUTION OE CONSEIL DE BANDE "vOtl : Tnl wvdl -ho," Due elnd rwdr "~wsw w "IaMw', wnihl r1orA : l~l ~11s'0u Wdl d4 nnYO bledl " "elpalr N'tIVUqP Islon" t11 The council of the La consed do GTGh~I i~~~~-,.~ Dole ol duly convenad meeting Data do I'usamblde dument convoqude `h'~fL0~~ 00 HEREBY RESOLVE: DECIDE . PAR LES PRESENTES: DO HEREBY RESOLVE THAT: WHEREAS; the Band Council of the Cheam First Nation deems it advisable and in the best interest of the band to continue, by bylaw, taxation for the local purposes of land, or interest in land, in the reserve and WHEREAS; the Property Assessment Bylaw has been enacted forthepurpose of continuing assessment and taxation for local purposes of land, or interest in land, in the reserve, including rights to occupy, possess or use land in the reserve, pursuant to the Indian Actand in particular pursuant to the provisions of subsection 83 (1) of the Indian Act; THAT ; pursuant to Section 40(1) of the Cheam Indian Band Property Assessment Bylaw, that Chiefand Councildo hereby re-appoint Donald L. Brothers,LLB.Q.C. to the Cheam First Nation Board ofReview to hear appeals on assessments of lands and improvements located on Cheam reserve lands and to conduct such other relevant matters pursuant to Cbeam IndianProperty Assessment and Taxation Bylaws and THAT; the term ofappointment is for three years (1995, 1996 and 19971 and THAT; the per diem payment, as chairman is set at 23l)D . (three hundred dollars), to be calculated as follows for each 24 hour day-, - for less than four hours ofwork, one" half of theestablished per diem rate, end - formore than four-hours ofwork, afull perdiem rate, - plus reasonable travel costs, APPROVED ANDPASSED; at a duly convened meeting of the Band Council for the Cheam First Nation held at the Cheam Taxation Office, Rosedale, British Columbia this.2,f day of yur,y~ l9yr ICew .ca+w - CenllMa) FOR DEPARTMENTAL USE ONLY - RESERVt AU MINISTERE ~Iclndavn - tllolnt IAvtear.r (IndiaA 'A Section Sawn d Na01 VIOfaI follicle t1 II 1011w sancl del londl III "one) Dodoes 1KO~w~r~nOUe olnt "r - 11K-"1 see 119A"Wo 'pWalne dntw - APO1w,1 Pu Sle.two lCtioacloelcY rw . - N" tanlkual Logo wp .nt. nM. - N" do ~IlY4ncl sees oftew .u 4 al Cut. awu Appear In J ruNuitonl 'Iproeeo aplndewK Yorn elne ruWl. dWr9nIPuttee 0~11V/1K its rhdYnonl poaunl nwe du OIOMIII l WIw141Wd1 du nlndll. Cash fit* balance - Solda dlapom'bla Capital account Compto capital S y , r.~ tovlnts Revenue account Comple revenu s 6&Ff Mow - endl--tCouecalr - Conla4r) ' (cauncOm - Conmlaa) lGeuecaa - Conl*awl ICaenCto - Cenlnal tCounAor - Cmllap , , (counted, - Ca,INN) HlOlnd+wl - olp .nllt M,owar pndan Act Section seurcl of NMI sworlu "It do q w for .I3"1 erl IW4s Itt IM4n1J QawNwl OCedW Oal~wn 11p,InV ~IrYq RKOdM1One onNw - IIKem-u1d1 Pit call aqeuwl Ow Ai01a'1^e o°4K - npeloum OY Dole sq1U1vQ
w Indlan and Noathern Affalres indlemes 1111abs Canada at duNadCanade BAND COUNCIL RESOLUTION RESOLUTION DE CONSEIL DE BANDE Neq: in : ~aar "opm an a.na rn .er' 'pwwr' a-L.MW' . t11~11 ..a 4 ON Cut. mup .p>w 1n NerA : lH ma. 'OCI k^0. GC noted bmCC' 'apll "1' "a 'pqnv- The council of the Le Consed de ~ i.vo~~r Q~, 04 Oat: of duty convened meeting Data de I ' assemblAa dument convoquda ' 1 -7 1 0 1-7 1 0o HEREBY RESOLV : OECIOE. PAR LES PR2SENTES : DO BY HERE RESOLVE THAT: WHEREAS; the Band council of the Cheam First Nationdeems it advisableand in the best interest of the band to continue, bybylaw, taxation for local purposes of land , or interest ofin land , in the reserve and WHEREAS; the Property Assessment Bylaw has been enacted for the purpose ofcontinuing assessment and taxation for thelocal purposes of land, or interest in land, in the reserve, including rights to occupy, possess or use land in the reserve, pursuant to the Indian Act an dinparticular pursuant to the provisions of subsection 83 (1)of the Indian Act; THAT; pursuant to Section 40 (1) of the Cheam Indian Band Property Assessment Bylaw, that Chiefand Council hereby appoint David G.Sparks, M.B.A. J.B ., S.RIW.A.Lawreace Rivard and Paul Newson lo the Cheam FirstNation Board ofReview to hear appeals on assessments of lands and improvements, located on Cheam reserve lands and to conduct such otherrelevant matters pursuant to Cheam Indian Band Property Assessment and Taxation Bylaws and THAT; the term of appointment is forthree years (1995, 11996, and 1997), and THAT; the per diem payment, as a member of the board, be set at S250. (two hundred and fifty dollars), to be calculated as follows foreach 24 hour day-, - for less than four hours ofwork, one-half of the established per diem rate, and - for more than four hours of work, full perdiem rate, - plus reasonable travel costs. Costs are to be submitted for review to the Chairman oftheBoard of Review before submission. APPROVEDANDPASSED; at a duly convened meeting of the Band Council for First Nation held at the Taxation Office, British Columbia this .4*day of_&~lf9 "to - eonrtalq FOR DEPARTMENTAL USE ONLY - RESERVE AU MINISTERE t-oatdltws - prosmu ineaq pnOhn nc1 action sowes r wAe8 Aulae4 truncq do r Lot ow too sCostsen taw~ teala,r) Ka1wIMIn01na p1atY - r+.CpmmN/1 p11 aq".tpte ytrtp.ha dwa - apaw.C set "-----_____ .-__ . . --- ---- - -- ' -~~-ee . . . .. . . Y.C 119"h taV.f~n~t ..". IMpndpeital N - No Co. .kYle rw 101 .1 .,N40 Ad. . N" a" dlw.~.u er daun au.olutber rpuntlne ..p "nO1luM ISO. 66,4 Wnd" . .W Y tu dc1.CM paWe.son ta1N. rl tbodutbnl patW our do a1p .n . . . & mlmC NI b.,h dot b "e0t1 . Cash Iree balance - Solda disponmble Capital account .~n compla capital S u V-A Province Revenue account q Comp le revenu s 1Counclea - Con. "aa) tCevntra - een ..eaf teouncoor - Cenr.awl - (Couneror - Cenr" alv) .ee,aivae " 0".6"o away p%+ an t .a:mn Owes et N" aaa#"N do4 Lar out sowed au ates nIna4iN1 n.."rot . a a . DtWr m". D " .~w O RCNM Ka .V1,.In0aa raiM - aKVM.MOa yY . . . ou~ 19 .01oug Code pra .lne onca - Apptow6 va sqnnut " --- Does
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