First Nations Tax Commission Commission de la 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 Osoyoos Indian Band in the Province of British Columbia, Osoyoos Indian Band Annual Expenditure Law, 2021 Dated at Kamloops, British Columbia this 28th day of May, 2021. On behalf of the First Nations Tax Commission C.T. (Manny Jul s - Chief Commissioner Firs Nations Tax Commission
OSOYOOS INDIAN BAND ANNUAL EXPENDITURE LAW, 2021 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 of the 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(1)(a.l) 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 ofrevenues raised in the current taxation year, and wishes to authorize expenditures made in accordance with section 13.1 of the Act;
NOW THEREFORE the Council of the Osoyoos Indian Band duly enacts as follows: 1. This Law may be cited as the Osoyoos Indian Band Annual Expenditure Law, 2021. 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 of those local revenues during a budget year, and setting out expenditures made in accordance with section 13.1 of the Act;
"Assessment Law" means the Osoyoos Indian Band Property Assessment Law, 2009; "Council" has the meaning given to that term in the Act; "First Nation" means the Osoyoos Indian Band, being a band named in the schedule to the Act; "Law" means this annual expenditure law enacted under paragraph 5(1)(b) of the Act as required by subsection 10(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) of the Act;
"property taxation law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; and "Taxation Law" means the Osoyoos Indian Band Property Taxation Law, 2012. 3. The First Nation's annual budget for the budget year beginning April 1, 2021, and ending March 31, 2022 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 .1 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. The grant amounts set out in the annual budget are hereby approved as expenditures in accordance with the Taxation Law.
8. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule.
9. 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.
10. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.
11. 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.
12.(1) The Schedule attached to this Law, including any Appendices, forms part of and is an integral part of this Law.
(2) A reference to the Schedule is a reference to the Schedule to this Law. 13. 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 21 day of May, at Oliver, in the Province of British Columbia.
A quorum of Council consists of four (4) members of Council. Councilor Veronica McGinnis
Councilor Sammy Louie Councilor Nathan McGinnis
ANNUAL BUDGET PART 1: REVENUES 1 a. Property Tax Revenue c. Accommodation Tax Revenue TOTAL REVENUES PART 2: EXPENDITURES 1 General Government Expenditures a. Executive and Legislative b. General Administrative c. Other General Government 2 Protection Services a. Policing b. Firefighting c. Regulatory Measures 3 Transportation a. Roads and Streets b. Snow and Ice Removal e. Other Transportation 4 Recreation and Cultural Services a. Recreation b. Culture c. Heritage Protection 5 Community Development c. Community Planning d. Economic Development Program e. Tourism g. Land Rehabilitation and Beautification h. Other Regional Planning Development 6 Environment Health Services a. Water Purification and Supply d. Recycling e. Other Environmental Services 7 Other Services a. Health c. Other Services d. Education
$3,305,657 $ 220,000 $3,525,657 200,000 536,950 70,000 100,000 360,000 4,000 273,600 50,000 317,000 454,000 82,200 75,000 160,000 200,000 50,000 30,000 87.730 150,000 67,195 35,000 15,000 30,000 100,000
8 a. Home owner grant equivalents: 240,000 9 Contingency Amounts 50,982 10 TOTAL EXPENDITURES $3,738,656 PART 3: ACCUMULATED SURPLUS/DEFICIT Accumulated Surplus - revenues carried forward from the previous budget year 213,000 Accumulated Deficit - revenue expenditures carried forward from the previous budget year
BALANCE: 0 Note: The First Nation has the following service agreements with third-party service providers, and the amounts indicated are the amounts payable by the First Nation under each agreement during the budget year:
a. BC Assessment b. Town of Oliver - Fire Protection c. Town of Osoyoos - Fire Protection d. Recreation - Oliver Parks & Rec e. RDOS - Library f. Recycling - SO Lands Irrigation District
55,000 145,000 215,000 100,000 7,200 67,195
Appendix "A" Reserve Funds Balance Beginning balance as of April 1, 2021: 187,471 Transfers out i. Local Revenue Account Moneys borrowed Transfers in i. Local Revenue Account ii. Interest Earned 900 Moneys repaid Ending balance as of March 31, 2022: 188,371 01B Contingency Reserve Fund
Beginning balance as of April 1, 2021 : 302,527 Transfers out i. Local Revenue (Bus) Moneys borrowed Transfers in i. Local Revenue Account ii. Interest Earned 1350 Moneys repaid Ending balance as of March 31, 2022: 303,877