Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Ministre des Minister of Relations Couronne-Autochtones Crown-Indigenous Relations Ottawa, Canada K1A DH4

I, Minister of Crown-Indigenous Relations, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Burns Lake Band, in the Province of British Columbia, at a meeting held on December 9, 2021.

Burns Lake Band Annual Expenditure By-law, 2021

Dated at Ottawa, Ontario, this 1

day of

1"\l¼\ c\-\

2022.

Hon. Marc Miller, P.C., M.P.

Canada

BURNS LAKE BAND ANNUAL EXPENDITURE BY-LAW, 2021 WHEREAS: A. Pursuant to section 83 of the Indian Act, the council of a First Nation may make by-laws respecting taxation for local purposes of reserve lands, interests in reserve lands or rights to occupy, possess or use reserve lands, including by-laws authorizing the expenditure of local revenues;

B. The Council of the Burns Lake Band has made a by-law pursuant to section 83 of the Indian Act respecting property taxation for local purposes on reserve; and

C. The Council of the Burns Lake Band wishes to establish an annual budget for the expenditure of revenues raised under its property taxation by-law in the current taxation year;

NOW THEREFORE the Council of the Burns Lake Band duly enacts as follows: 1. This By-law may be cited as the Burns Lake Band Annual Etpenditure By-law, 2021. 2. In this By-law: "Act" means the Indian Act, R.S.C. 1985, c. 1-5, 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 the budget year;

"By-law" means this annual expenditure by-law enacted under subsection 83(2) of the Act; "Council" has the same meaning as "council of the band" in subsection 2(1) of the Act; "Band" means the Burns Lake Band; "local revenues" means money raised by the Band under a property taxation by-law and payments made to a Band in lieu of a tax imposed under a property taxation by-law;

"property taxation by-law" means a by-law enacted under subsection 83(1) of the Act; and "Taxation By-law" means the Burns Lake Band Property Taxation By-law. 3. The Band's annual budget for the fiscal year beginning January 1, 2021, and ending December 31, 2021, is attached as a Schedule to this By-law 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. 5. Where the Band wishes to authorize an expenditure not authorized in this By-law, or change the amount of an expenditure authorized, Council must amend this By-law in accordance with Council procedure and the requirements of the Act.

6. Except where otherwise defined, words and expressions used in this By-law have the meanings given to them in the Taxation By-law. 7. This By-law authorizes the expenditure or contingency amounts as necessary within any or the categories of expenditures set out in the Schedule.

8. Where a provision in this By-law is expressed in the present tense, the provision applies to the circumstances as they arise.

9. This By-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.

I 50626\4854-0243-04 70

10.(1) The Schedule attached to this By-law, and any Appendices, forms part of and is an integral part of this By-law.

(2) A reference to the Schedule is a reference to the Schedule to this By-law. 11. This By-law comes into force and effect upon the approval of the Minister of Indian Affairs and Northern Development.

THIS BY-LAW IS HEREBY DULY ENACTED by Council on the 9th day of December, 2021, at the Burns Lake Band Office, in the Province of British Columbia.

A quorum of Council consists of two (2) members of Council.

Chief Clayton Charlie &k< ~ + Vl- ,_ Councillor Cecilia Sam

Councillor Ellen Lorenz

I 50626\4854 -0243-0470

SCHEDULE ANNUAL BUDGET PART 1: REVENUES 1. Local revenues to be collected in budget year: a. Property Tax Revenues

TOTAL REVENUES

PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative b. General Administrative c. Other General Government 2. Protection Services 3. Transportation 4. Recreation and Cultural Services a. Community Centre b. Culture c. Heritage Protection 5. Community Development a. Planning b. Economic Development Program 6. Environment Health Services 7. Fiscal Services a. Debt Payments 8. Other Services 9. Contingency Amounts 10. Transfers into Reserve Funds a. Capital Reserve

TOTAL EXPENDITURES

$ 581,196.60

$ 581,196.60

$10,000 $30,054 $5,000

$150,000 $25,000 $25,000

$50,000 $50,000

$120,000 $51,672.60 $64,470

$ 581,196.60

PART 3: ACCUMULATED SURPLUS/DEFICIT

1. 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

$0

$0

Note: This Budget includes the attached Appendix

1.

Burns Lake Capital Reserve

APPENDIX RESERVE FUND BALANCES

Beginning balance as of January 1, 2021:

Transfers out a. To local revenue account: b. To Burns Lake Band reserve fund as a transfer: c. Moneys borrowed for another purpose:

Transfers in a. From local revenue account: b. From Burns Lake Band reserve fund as a transfer to fund: c. Borrowed moneys repaid to fund:

Interest earned in current year: Ending balance as of December 31, 2021:

$0 $0

$0

$0

$0

$64,470 $0

$0

$64,470

 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.