First Nations Tax Commission Commission de Ia fiscalite des premieres nations The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Shxwha:y Village in the Province of British Columbia, Shxwha:y Village Annual Expenditure Law, 2020 Dated at Kamloops, British Columbia this 16th day of July, 2020. On behalf of the First Nations Tax Commission ~£I Commissioner First Nations Tax Commission
SHXWHA:Y VILLAGE ANNUAL EXPENDITURE LAW, 2020 WHEREAS: A. Pursuant to section 5 of the First Nations Fiscal Management Act, the council of a first nation may make laws respecting taxation for local purposes of reserve lands and interests or rights in reserve lands, including laws authorizing the expenditure of local revenues; B. The Council ofthe First Nation has made a property assessment law and a property taxation law; C. Subsection 10(2) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law or a law under paragraph 5( I)(a . I) to make, at least once each year, a law establishing a budget for the expenditure of revenues raised under those laws; and D. The Council of the First Nation wishes to establish an annual budget for the expenditure of revenues raised in the current taxation year, and wishes to authorize expenditures made in accordance with section 13 . I of the Act; NOW THEREFORE the Council of the Shxwha:y Village duly enacts as follows: 1. This Law may be cited as the Shxwha:y Village Annual Expenditure Law, 2020. 2. In this Law: "Act" means the First Nations Fiscal Management Act, S.C. 2005, c. 9, and the regulations made under that Act; "annual budget" means a budget setting out the projected local revenues and projected expenditures oft hose local revenues during a budget year, and setting out expenditures made in accordance with section 13.1 ofthe Act; "Assessment Law" means the Shxwha:y Village First Nation Assessment Law, 2014; "Council" has the meaning given to that term in the Act; "First Nation" means the Shxwha:y Village, being a band named in the schedule to the Act; "Law" means this annual expenditure law enacted under paragraph 5( I )(b) of the Act as required by subsection I 0(2) of the Act; "local revenues" means money raised by the First Nation under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5(1)(a) ofthe Act; "property taxation law" means a law enacted by the First Nation under paragraph 5( I )(a) of the Act; and "Taxation Law" means the Shxwha:y Village First Nation Taxation Law, 2014. 3. The First Nation's annual budget for the budget year beginning April I, 2020, and ending March 3 I, 2021 , is attached as a Schedule and the expenditures provided for in the Schedule are authorized. 4. Expenditures of local revenues must be made only in accordance with the annual budget or in accordance with section 13 .I of the Act. 5. The expenditures made in the current year before this Law is enacted are included in the annual budget and are authorized by this Law. 6. Where the First Nation wishes to authorize an expenditure not authorized in this Law, or change the amount of an expenditure authorized, Council must amend this Law in accordance with Council procedure and the requirements of the Act.
7. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule. 8. Except where otherwise defined, words and expressions used in this Law have the meanings given to them in the Assessment Law and the Taxation Law. 9. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 10. This Law must be construed as being remedial and must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives. 11.( I) The Schedule attached to this Law, including any Appendices, forms part of and is an integral part ofthis Law. (2) A reference to the Schedule is a reference to the Schedule to this Law. 12. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. THIS LAW IS HEREBY DULY ENACTED by Council on the 2"d day of June 2020, at Shxwha:y Village, in the Province of British Columbia. A quorum of Council consists of Three (3) members of Council. ~$2 ~~ Chief Robert Gladstone Councillor Michelle Roberts r Ron Miguel Jr Councillor Bonnie Russell 2
SCHEDULE ANNUAL BUDGET PART I: REVENUES 1. Local revenues for current fiscal year: a. Property Tax $85,885 TOTAL REVENUES: $85,885 PART2:EXPENDITURES I. General Government Expenditures a. General Administrative $11,730 2. Transportation a. Snow and Ice Removal $3,000 3. Recreation and Cultural Services a. Culture $5,000 b. Other Recreation and Culture $10,000 4. Community Development a. Housing $20,000 b. Economic Development Program $20,000 c. Land Rehabilitation and Beautification $2,500 5. Other Services a. Social Programs and Assistance $12,000 6. Contingency Amounts a. Contingency Amounts $1,655 TOTAL EXPENDITURES: $85,885 PART 3: ACCUMULATED SURPLUS/DEFICIT I. Accumulated Surplus- Local revenues carried forward from the previous budget year $ 2. Accumulated Deficit - Local revenue expenditures carried forward from the previous budget year $ BALANCE $0 3
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