Part II - Enacted First Nations Legislation

Decision Information

Decision Content

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

Cook's Ferry Indian Band in the Province of British Columbia,

Cook's Ferry Annual Rates Law, 2021

Dated at Kamloops, British Columbia this 2nd day of December, 2021.

On behalf of the First Nations Tax Commission

C.T. (Manny Jul s - Chief Commissioner F1 Nations Tax Commission

COOKS FERRY INDIAN BAND Nlaka'pamux Nation Box 130, Spences Bridge, B.C V0K 2L0 Phone: (250) 458-2224 Fax: (250) 458-2312

BAND COUNCIL RESOLUTION Number 20211012-05

The Council of the District Province Place Date

COOK'S FERRY INDIAN BAND BRITISH COLUMBIA REGION SOUTH BRITISH COLUMBIA SPENCE$ BRIDGE 12 Day

10 Month

2021 Year

The following Resolution was passed by a quorum of Council.

RE: ANNUAL RATES LAW, 2021 WHEREAS the Cook's Ferry Indian Band is a Band within the meaning of the Indian Act, R.S.C., 1985, c+5; and 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, interests in reserve lands or rights to occupy, possess or use reserve lands, including la:ws to establish tax rates and apply them to the-assessed value of lands, interests and rights in the reserve; and B. The Council of the Cook's Ferry Indian Band has made a property assessment law and a property taxation law; and C. Subsection 10(1) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law to, at least once each year, make a law setting the rate of tax to be applied to the assessed value of each class of lands, interests or rights in the reserve;

NOW THEREFORE the Coundl of Cook's Ferry Indian Band duly enacts as follows: 1. This Law may be cited as the Cook's Ferry Annual Rates Law, 2021; and 2. In this Law:

"Act" means the First Nations Fiscal Management Act, S.C. 2005, c. 9, and the regulations made under that Act; "Assessment Law" means the Cook's Ferry Property Assessment Law, 1993; "First Nation" means Cook's Ferry, being a band named in the schedule to the Act; "Property Taxation Law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; "Taxable Property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Cook's Ferry Property Taxation Law, 1993; and

3. Taxes levied pursuant to the Taxation Law for the taxation year 2021 shall be determined by imposing the rates set out in the Schedule upon the assessed value of all taxable property in each property class; and

4. Notwithstanding section 3, where the amount of the tax levied on taxable property in a taxation year is less than One Hundred dollars ($100.00), the taxable property shall be taxed at One Hundred dollars ($100.00) for the taxation year; and

5. 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; and

6. Where a provision in thls Law is expressed in the present tense, the provision applies to the circumstances as they arise; and

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7. 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; and 8. The Schedule attached to this Law forms part of and is an integral part of this Law; and 9. 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 12 th day of October, 2021, at Spences Bridge, in the Province of British Columbia; and THAT this Band Council Resolution was passed at a duly convened meeting of the Council on October 12, 2021.

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A quorum of this band consists of _ _,,3,___ Council Members ( 10¼ ~ . dk'2tJil2 L ~ (COUNCILLOR)

(COUNCILLOR) (COUNCILLOR)

SCHEDULE TAX RATES

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PROPERTY CLASS RATE PER $1,000.00 of assessed value

British Columbia Class 1 - Residential Class 2 - Utilities Class 3 - Supportive Housing Class 4 - Major Industry Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm Class 10- Prescribed Railway ROW

37.49068

31.02910

17.2209

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