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 K'6moks First Nation in the Province of British Columbia, K'6moks First Nation Annual Expenditure Law, 2021 Dated at Kamloops, British Columbia this 23rd day of June, 2021.
On behalf of the First Nations Tax Commission Jul s - Chief Commissioner ations Tax Commission
K'OMOKS FIRST NATION 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 .I of the Act;
NOW THEREFORE the Council of the K'6moks First Nation duly enacts as follows: 1. This Law may be cited as the K'omoks First Nation 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 .I of the Act;
"Assessment Law" means the K'omoks First Nation Property Assessment Law, 2011; "Council" has the meaning given to that term in the Act; "First Nation" means the K'6moks First Nation, 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 K'omoks First Nation Property Taxation Law, 2011. 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 .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. 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, including any Appendices, attached to this Law 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_b y Council on the ~ th day of June, 2021, i;tt Courtenay, in the Province of British Columbia.
A quorum of Council consists of three (3) members of Council.
Chief Nicole Rempel Councillor Charlene Everson Councillor Richard Hardy
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SCHEDULE ANNUAL BUDGET
PARTl:REVENUES Local revenues to be collected in budget year: Interest-Bank Acct Property Tax Revenues BC Grant Program TOTAL REVENUES PART 2: EXPENDITURES I General Government Expenditures General Administrative/Wages Operating Supplies 2 Protection Services Firefighting 3 Transportation Roads and Streets Snow removal and salt 4 Environment Health Services Sewage Collection and Disposal Garbage Waste Collection and Disposal 5 Grants: Home owner grant 6 Other Services Tree Removal-Pruning Services 7 Contingency Amounts 8 Transfers into reserve funds 9 Transfer to contingency reserve fund TOTAL EXPENDITURES 3
2021-2022 $ 100 $ 46,400 $ 11,000 $ 57,500 $ 2,500 $ 850 $ 3,230 $ 2,800 $ 1,000 $ 3,120 $ 2,250 $ 31,500 $ 1,500 $ 5,000 $ 3,750 $ 57,500
PART 3: ACCUMULATED SURPLUS/DEFICIT Accumulated Surplus - Local revenues carried forward from the 2019 - 2020 budget year $
Accumulated Surplus - Local revenues carried forward from the 2020 - 2021 budget year $ BALANCE (Surplus/(Deficit) $ *Any Surplus to be transferred to Operating Contingency Reserve for Queenish Trailer Park
Note: The First Nation has the following service agreements with third-party service providers, and the amounts indicated are payable by the First Nation during the budget year:
- Town of Comox, Fire Protection of Taxation District (new agreement for next five years not yet finalized)
- Emterra, Garbage collection and disposal **KFN has a Customer Service Agreement dated 2016, but nothing newer; 6% increase occurred after KFN notified via email on Feb 5, 2020.
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$ 3,230
$ 2,250
Appendix Reserve Fund Balances
1 Contingency Reserve Fund Beginning Balance as of April 1, 2021 Transfers Out a). To current year's revenues b). To reserve fund as a transfer: c). Moneys borrowed for another purpose Transfer Out Sub-Total Transfers In a). From current year's revenues b). from reserve fund as a tran~fer: c). borrowed monies repaid to fund: Interest (1%) earned in current year Transfer Out Sub-Total Ending Balance as of March 31, 2022 5
$ 8,701 $ $ $ $ $ 8,701 $ 3,750.00 $ $ $ $ 3,750 $ 12,451