CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.1-5 and amendments thereto, I certify that the attached copy of the Tsleil-Waututh Nation 2000 Taxation Expenditure Bylaw, dated the 18' day of December, 2000, is a true copy of the said by-law. Kumar Dhir, Director Lands and Trusts Services (a Superintendent as defined in Sec 2(1) Indian Act RSC 1985)
Minister of Indian Affairs 9MVi~ Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1A OW 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 Tsliel-Waututh Nation, in the Province of British Columbia, at a meeting held on the 5th day of May 2000 . Tsliel-Waututh Nation Taxation Expenditure Bylaw 2000 Dated at Ottawa, Ontario this /7ti day of , 2000.
TSLEIL WAUTUTH NATION TAXATION EXPENDITURE BY-LAW 2000 No. EXP 2000-01 WHEREAS the Tsleil Waututh Nation Consolidated Property Assessment and Taxation By-law 1997 (the Taxation By-law 1997) was passed by the Chiefand Council of the Tsleil Waututh Nation on March 24, 1997 (Burrard Indian Band) in the best interests of the members of the Tsleil Waututh Nation (Burrard Indian Band) and was approved by the Minister on September 30, 1997; AND WHEREAS subsection 83(2) ofthe Indian Act requires that an expenditure made out ofmonies raised pursuant to the Taxation By-law 1997 and any amendments thereto approved by the Minister from time to time must be so made under the authority of a bylaw ofthe Chiefand Council ofthe Tsleil Waututh Nation (Burrard Indian Band); NOWTHEREFORE BE IT HEREWITH RESOLVED that the following Tsleil Waututh Nation Taxation Expenditure By-law 2000 No . EXP 2000-01 is hereby enacted pursuant to subsection 83(2) ofthe Indian Act for the purposes of the expenditure of monies collected by the Tsleil Waututh Nation pursuant to enabling by-laws of the Tsleil Waututh Nation made in accordance with subsection 83(1) of the Indian Act. SHORT TITLE 1. The Tsleil Waututh Nation Taxation Expenditure By-law 2000 may be cited in short form as the Expenditure By-law No. EXP 2000-01 . DEFINITION 2. in iiiis 1"xpenditure By-law No. Exi' 2000-01, "annual budget" means the budget for a fiscal year projecting all revenues and expenditures anticipated to be required for the provision of local services on reserve during that fiscal year, as approved by the band council; "band" means the Tsleil Waututh Nation (Burrard Indian Band) and any successor thereto ; "band council" means the chief and council (future Takaya Speakers) ofthe band as elected by the eligible members of the band pursuant to the Indian Act and any successor thereto; "band council resolution" means a motion passed and approved by a majority of the members of the band held at a duly convened meeting of the band council;
"fiscal year" means January 1 of any calendar year to December 31 ofthe same year ; "Indian Act" means the Indian Act R.S.C . 1985 c.I-5 and any amendments thereto and regulations authorized thereunder ; "local services" includes local improvements, utility services, capital works and the provision of any other services required on reserve; "local improvements" includes the following works and any combination of them : (a) opening, widening, straightening, extending, grading, levelling, diverting or paving a road, (b) constructing a sidewalk, footcrossing, curbing bridge, culvert or embankment forming part of a street or constructing a system of storm drainage, (c) making, deepening, enlarging or lengthening a common sewer or water system, (d) making sewer or water service connections to the road line on land abutting the main, (e) constructing a conduit for wires or pipes along or under a road, (f) public works services as they apply to the reserve, (g) reconstructing, replacing or repairing any of the above; "Minister" means the 1l~~nistei ofIndian Al`fairs and ?`:o~:~crn Development and any of the Minister's duly authorized delegates; "provisional budget" means an interim or preliminary budget projecting revenues and expenditures anticipated to be required for the provision oflocal services on reserve during all or part of that fiscal year but not an annual budget; "reserve" means those lands: (a) 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 Burrard Indian Band, whether they be designated lands or conditionally surrendered lands or otherwise, and
-3 (b) that are within the boundaries ofthe Burrard Inlet Indian Reserve No. 3, Inlailawatash Indian Reserve Nos. 4 and 4a, and any additions to reserve subsequent to the enactment of this Expenditure By-law No. EXP 2000-0 1 ; "stabilization fund" means the fund established to hold and dispense any monies remaining in the taxation fund at the end of a fiscal year or fiscal years; "taxation fund" as defined in and established pursuant to the Taxation By-law 1997 and any amendments thereto approved by the Minister from time to time . "tax administrator" means the person appointed by the band council to administer this Expenditure By-law No. ENP 2000-01 or his designate . BUDGETS 3.(1) On or before March I of each fiscal year theband council will by band council resolution direct the preparation of a provisional budget by the band's employee(s) or agent(s) . (2) On or before June 30 ofeach fiscal year the band council will prepare the annual budget and will, through the means of a bylaw add the annual budget as a schedule to this Expenditure By-law No. EXP 2000-0 1 . AUTHORIZED EXPENDITURES 4.(1) All expenditures, including all costs of administration, collections, realization of security, complaints, legal and consultant services, education, training and honoraria from the taxatio:2 f.:.nd will be made :::.accordance with the annual budget-and the Taxation By-law 1997 and any amendment's thereto approved by the Minister fromlime to time and when made are authorized expenditures from the taxation fund provided section 3.(2) above has been complied with . (2) All funds received pursuant to the Taxation By-law 1997 and any amendments thereto approved by the Minister from time to time will be deposited in the taxation fund . (3) All monies deposited in the taxation fund and any interest earned thereon will be expended in accordance with the Expenditure By-law No. EXP 2000-01 annual budget solely for local purposes including the provision of local services on reserve, capital projects and all costs associated with the administration and enforcement of the Taxation By-law 1997 and any amendments thereto approved by the Minister from time to time in accordance with subsection 4.(1) .
(4) All surplus monies remaining in the taxation fund at the end of the fiscal year specified in the Expenditure By-law No. EXP 2000-01 Annual Budget Schedule may be transferred into the stabilization fund and may be applied towards the operation and administration costs for the nevt fiscal year, for capital projects, overruns on existing capital projects or for any other contingencies. EXTENSION OF TIME 5.(1) Provided that there has been substantial compliance with the provision of this Expenditure By-law No. EXP 2000-01, a procedural irregularity, technical failure to carry out a provision of this By-law or an insubstantial failure to comply with a requirement ofthis By-law by the band council, the tax administrator, or any other person appointed to carry out the administration or enforcement of this By-law, does not in itself constitute a failure to comply with this Expenditure By-law No . EXP 2000-01 by such person. (2) The chief and council may, by band council resolution, extend the time by which anything is required to be done pursuant to this Expenditure By-law No. EXP 2000-01 and anything done by or within such extended time is as valid as if it had been done by or within the time otherwise provided for in this Expenditure By-law No . EXP 2000-01 . BY-LAW REMEDIAL 6. This Expenditure By-law No. EXP 2000-01 is to be construed as being remedial and is to be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives . TENSE 7. Where a provision or schedule ofthis Expenditure By-law No. EXP 2000-01 is expressed in the present tense, future tense or past tense, the provision applies to the circumstances as they may from time to time arise without reference to the present, future or past tenses . HEAD NOTES 8. Head notes, marginal notes and headings form no part of this Expenditure By-law No . EXP 2000-01 and are to be construed as being inserted for convenience ofreference only.
SEVERANCE OF SECTIONS 9. A finding by a court of competent jurisdiction that a section or provision of this Expenditure Bydlaw No . EXP 2000-01 is void does not affect or bear upon the validity of any other section or provision ofthis By-law or this By-law as a whole, same remaining in full force and effect, subject to section 11 below, notwithstanding the severance of such void section or provision. USE OF FORMS AND WORDS 10. In this Expenditure By-law No. EXP 2000-01, (a) words signifying the masculine gender include the feminine gender and the neuter gender and, where necessary or the context permits, a person as defined in this Expenditure By-law No . EXP 2000-01, (b) words in the singular include the plural and words in the plural include the singular, and (c) where a word or expression is defined, other parts of speech and grammatical forms ofthe same word or expression have corresponding meanings . AMENDMENTS 11. Any section of this Expenditure By-law No. EXP 2000-01 maybe amended by the band council through the means of a by-law passed and approved in accordance with the appropriate section or sections ofthe Indian Act or constitution or law ofthe band as the case maybe. APPROVED AND PASSED at a duly convened meeting of the Chiefand Council of the Tsleil Waututh Nation (Burrard Indian Band) held at the Tsleil Waututh Nation Administration Office, 3082B Ghumlye Drive, North Vancouver, BC on this 05th day of May, 2000 Councillor Travis George Comprising the majority ofthose members of the Band Council of the Tsleil Waututh Nation (Burrard Indian Band) present at the aforesaid meeting, a quorum being three members and the number of members of the Band Council present being [4] .
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