I, Edith A. Owen, do hereby certify as Superintendent pursuant to Section 86 of the Indian Act R. S. C., C.1-5, that the attached copy marked "CERTIFIED TRUE COPY" is true copy of the original by- law number .No. 2 /03 duly made on the 24th day of April 2003 by the Council of the Carry The Kettle First Nation Band of Indians being a by-law respecting property assessment and taxation for the Carry The Kettle First Nation Resetve. d . ,.' . , ' Edith A. Owen, Manager Registration, Revenues and Band Governance Lands and Trust Services Saskatchewan Region Signed at Regina, Saskatchewan this 29th day of November 2004 Department of Indian Affairs and Northern Developmeni
0tta:n:a. Canada K I A 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 Carry The Kettle First Nation, in the Province of Saskatchewan, at a meeting held on the 24 day of April 2003. - Carry The Kettle First Nation Property Tax Expenditure By-law 2g" Dated at Ottawa, Ontario t h i sg f day of 2004.
CARRY THE KETTLE FIRST NATION PROPERTY TAX EXPENDITURE BY-LAW 2 1 03
CERTIFIED TRUE COPY Carry T l ~ Kc ettle Firsf .Tation Properw T a F xpcnditure B.v-imv Pug2 1 r <, . / ,' ' . - - C A ~ Dg ;RUST SERVICES ' Date CARRY THE KETTLE FmST NATION PROPERTY TAX EXPENDITURE BY-LAW BY-LAW' 5 0 . 2 1 03 WEEREAS the CA7urrTy he Ketltc- fn'rrsr h'utron Properly A.ssessment und Ibx~rtrorB~y - law has been made pursuant to subsection 83(1) of the Indlan Act for the purpose of taxation for local purposes of land, or interests in land, in the "Reserve" (as defi ned in the Properly As.sessment and 2 uxuliora By-law),i ncluding rights to occupy, possess or use land in the "Reserve"; A h 9 WHEREAS subsection 83(2) of the Indiun Act provides that an expenditure made out of moneys raised pursuant to subsection 83(1) of the 1nd1r-mA ur must be made under the authority of the council of the hand, AND WHEREAS section 56 of the Property Ax~essrnentc rnd Taxation By-lml authorizes the making of certain expenditures out of property tax revenue and, in addition, the Property Tax Eq7tmdrtru.r. Hy-hw was enacted for the purpose, mter alia, of establishing procedures for the authorization of expend~turesto be made out of property tax rebenut from time to time: NOW BE IT HEREBY RESOLVED that the following by-law be and is hereby enacted pursuant to the provisions of the lndru~A?c f and, in particular, section 83(1) and ( 2 ) t hereof for the purpose of authorizing expenditures to be made out of property tax revenue. SHORT TITLE 1. This By -law may be cited for all purposes as the Carvy 'l'he KettLe Frrsf PJurion Property I & Expenditure By-luw. PART I INTERPRETATION 2, In this By-law, including, without limiting the generality of the foregoing in the recitals, and ths section, "annual property tax budget" means a budget that includes and identifies in a general way projected property tax revenue for a fiscal year, surplus or deficit property tau revenue
(:.wry The K#rf!d first Yation Properv Tin-E xpemr~iitureB y-lnw Page l carried over from previous fiscal years and projected expenditures to be made out of property tax revenue for the fiscal year for local purposes; "Band means the Carry The Kettle First Nation; "band council resolution" means a motion passed and approved at a meeting of Council pursuant to the consent of a majority of the quorum of the councillors of the Band; << c ommunity works'' includes, without limitation, designing, constructing, reconstructing, creating, replacing, enlarging, extending, removing, moving, repairing, maintaining and operating buildings, works and facilities (other th,m pub1 ic works), located within reserve and owned, operated, controlled, managed, administered, provided or financrally supported, wholly or -in part, by the Band or Council on behalf of the Band and used for community services or general government services, incl uding, without limiting the generality of the foregoing, band administration offices, band public wforks yards. cemeteries, longhuuses, cultural centres, daycare centres, group homes, libraries, archives, museums, art galleries, recreation centres, parks and playgrounds, together with reserve lands appurtenant thereto; "community services" inc tudes, without limitation, programs and services {other than utility services), operated, controlled, managed, administered, provided or financially supported, wholly or in part, by the Band and of benefi t to any residents of reserve (whether in common with any non-residents of resene or not) including, without limiting the generality of the foregoing. social, public health, cultural, recreation, education, daycare, library, park, playground, police or fire protection programs and sewices; "Council" means the Council of the Cany The Kettle First Nation within the meaning of subsection 2(1) of the Irzdirl.~. k~r , R. S.C. 1 985, c.1-5, as elected by the Band members from time to time pursuant to the custom of the Band, "fiscal year" means April 1 of a calendar year through March 3 1 of the following calendar year; "general government servjces" includes, without limitation, government and adrninistrat~vep rograms, services and operations of the Band or Council on behalf of the Band including, without limiting the generality of the foregoing, the operat~onso f Council and development, preparation, enforcement and administration of Counc~ol r Rand policies, by-laws and programs and the administration and operation of depmnents of the Band; "Minister" means the Minister of Indian Affairs and Northern Oevelopment and includes a person des~gnatedin wit ing by the Minister;
CERTIFIED TRUE COPY C'wry The Kertle First :b-u;abnn Sec!,ci: 66 the Indian Act h u p c r h T C XE xpenditure By-1- P q e J "pemlitted property taxation by-law expenditures" means those expendrtures out of property tax revenue authorized to be made under section 56 of the Propcrry Assessment dnd Taxatroil &,-law; -'ProperlyA ssessmet~ta nd l'axution By-luv;" means the Properky Asses.~menaf nd Tmntron By-luw approved and passed by the Council on April 24,2003 and approved by the Minister on June 1,2003, as amended from time to time; "property tax revenue" includes all taxes and other moneys raised under the Property ..lssessmepzc und Tuxatio~B y-law,i ncluding, without limiting the generality of the foregoing, a11 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, maintaimng or operating ( i ) roads, streets, overpasses, underpasses, sidewalks, foot crossings, curbing bridges, tunnels, culverts, embankments and retaining walls, ( 1 i) equipment. wires, works, and facilities, including standards and conduits, necessary to supply public lighting within reserve, including, ivithout limiting the generality of the forego~nga, ll necessary poles, towers, cross-arms, encasements, transformer structures and other related works and facilities, (iii)conduits for wires, fibre-optics and pipes for purposes other than provihng public lighting within reserve, including, without limiting h e g enerality of the foregoing, all necessary poles, towers, cross-arms, encasements, transformer structures and other related works and fac i 1i t i es . (iv)storm or sanitary sewer or water lines, works and facilities, including sewice connections to sewer or water lines on land abutting a main, jv! sewage treatment and water treatment works, facilities and plants, (vi)retaining walls, rip-rap, sheet-piling, sea-walls, pilings, dykes and breakwaters in, along or adjacent to the sea, a lake or a river, and (vi i) any buildings. works or facilities related or ancillary to anything referred to in subparagraphs ( i ) through (vi), together with reserve land appurtenant thereto,
CERTIFIED TRUE COPY A S per Sectio'l 86 of the lndiarl Act / . -, ,' / c /- LAND&IRUSTSERVICES Date ' (b) remediating environmentally contaminated reserve lands, and (c) creating new lands by any Ian-ful means including, without limiting the generality of the foregoing, by the placement and compaction of permitted soils attd other fill materials; "Reserve" means those lancls th t 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, whether they be designated lands or conditionally surrendered lands or otherwise; "Tax Administrator" means the person appointed by Council under the Property Ass~.essmenut nd Tnx,ar~onB y-luw; "tax expenditure by -law" rneans the Properly Tux Expenditure By-luw referred to in section 1 ; "utility services" includes water, storm server, sanitary sewer, garbage collection, garbage d~sposals, olid waste disposal, sewage treatment and water treatment programs, services and operations. PART 11 AUTHORIZATION OF EXPENDITURES OF PROPERTY TAX REVENUE 3,(1) T h s By-law authorizes the expenditure of property tax revenue by Council on behalf of the Band for local purposes. (2) Without limiting the genera lib; of subsection (1) but for greater certaintv, ths By-law authorizes the expenditure of tax revenue by Council on behalf of the Band on community works, cornmuniv services, gtn eral government services, permitted propcrty taxation by-law expenditures, pub1 ic works and utility services. PART 111 ANNUAL PROPERTY TAX BUDGET 4.(1) On or before July 3 1 in each fiscal year, the Tax Administrator shaII prepare and table with Council a draft annual property tax budget for the then current fiscal year and a draR band council resolution approving the budget, and Council shall endeavor to consider such budget and resolution on or before Au~ws3t 1 of the same fiscal year.
CERTIFIFP TRUE COPY L'w Thz Kettle Firrt Xntion . 4 L~z r >?--, : .: ::,- -, ! ' ic !,::iz~ Act Propern Tm. Expenditure Hv-lm Page j (2) An annual property tax budget may, but is not required to, be in the form of the drafi annual property tas budget attached as Schedule A to this By-law. (3) Subject to subsect~on(4 ), all expenditures made out of property tax revenue that 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. (4) For greater certainty (a) Band Council may at any time and from time to time amend any annual property tax budget and any band council resul ution approving an annual property tax budget: and (b) nothing in h s B IT-laws hall have the effect of amending section 56 of the Properv A.~.se~s.~maenndt Taxation By-law or of limiting the aulhonzat ion of, or requiring additional procedures to pertni t. expendtures of properp tax revenue thereunder. PART IV PROPERTI- ?'AX REVENUE ACCOUNTS 5.( 1 ) All property tax revenue shall be deposited in a special account or accounts maintained in the name of the Band and be invested until required to be expended pursuant to an annual property tax budget that has been approved by band council resolution. 2 ) Any surplus property tax revenue raised during a fiscal year that is not required for expenditure dwing that fiscal year pursuant to an annual properb tax budget that has been approved by band counci 1 resolution, shail be set aside in a special surplus fund account or accounts maintamed in the name of the Band and be invested until required for such expenditure in a future fiscal year.
CERTIFIED TRUE COPY CUT The Kertie Firrl Xution Property Tree F~cpend~tuBrey - l w k,: [.;?r i i - ; ~II -I~I;:~AI ct Page 6 rc- < ' . / / LAND 8 ? R U S ? ' S E ~ C X Date PART V ADMINISTRATION AND ENFORCEMENT 6 . The Tax Administrator shall administer this By-law. PART VT BY-LAW REMEDIAL 7. This By-law shall be construed as being remedial, and shall be gven such fair, large and liberal corktruction and ~nterpretationa s best ensures the attainment of its objectives. PART V1T 841 ) Head notes, marginal notes and provision headings form no part of t h s By-law but shal I be construed as being inserted for convenience of reference on1 y . (2) A finding by a court of competent jurisdiction that a section or provision of this By-law is void or invalid shall not affect or bear upon the validity or invalidity of any other section or prut of this By-law or this By-law as a whole. (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 h e y arise. (4) In thi s By-law, words in the singular include the plurd, and words in the plural include the singular.
CERTIFIED TRUE COPY 9. This $I - lat i +rill comc illto l'orc~i.m lnediatzly upor1 being nppnl~ccl the 1\ his tz r . 'TI-IIS Dl--l,;\ll: LS IEEF),i. E' :.-\("':'EL) b! . Cu~incial r a July ciln:,r.nrcl mcstlng hcli-l on dpk , -i 2 -q j:. 3:)t:G d/p ?e+- Kurt .Adam..; (C'ouni.11 lur
CERTIFIED TRUE COPY , , /+ 1 . /, L A N D 'T RUST SERVICES Date 200- ~ A PROPLERTY T AX BLBGET Property Tax Levies, Interest & Penalties for Current Fiscal Year Surplus or Deficit Property Tax Rcvcnue carricd over from prevlous Fiscal Years Cornrnu~~iDtye velopmer~t Envlronn~entaHl ealth Scmices Fiscal Sewices General Government S c n i c e s Prutectik 2 Services Rcireation and Cultural Services Taxes lor Other Guvernmunts 1-ransportation Utility Sen-ices Other Expupenditures - Permitted Property Assessment and Taxation Bylaw Expendilures - 41unicipal Sen-ice Agreements TOTAL EX'EYDITURES
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.