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 Tsleil-Waututh Nation in the Province of British Columbia,

Tslei/-Waututh Nation Annual Expenditure Law, 2022

Dated at Kamloops, British Columbia this 27th day of May, 2022.

On behalf of the First Nations Tax Commission =zttf C ommissioner First Nations Tax Commission

TSLEIL-WAUTUTH NATION ANNUAL EXPENDITURE LAW, 2022 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 prope1ty assessment law and a prope1ty taxation law; C. Subsection I 0(2) of the First Nations Fiscal Management Act requires a first nation that has made a prope1ty taxation law or a law under paragraph 5(1 )(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 ofrevenues raised in the current taxation year, and wishes to authorize expenditures made in accordance with section 13.1 ofthe Act;

NOW THEREFORE the Council of the Tsleil-Waututh Nation duly enacts as follows: 1. This Law may be cited as the Tsleil-Waututh Nation Annual Expenditure Law, 2022. 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 Tsleil-Waututh Nation Property Assessment Law, 2017; "Council" has the meaning given to that term in the Act; "First Nation" means the Tsleil-Waututh 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 a First Nation under a local revenue law and payments made to a First Nation in lieu ofa tax imposed by a law made under paragraph 5(l)(a) of the Act;

"prope1ty taxation law" means a law enacted by the First Nation under paragraph 5( 1) (a) of the Act; and "Taxation Law" means the Tsleil-Waututh Nation Property Taxation Law, 2017. 3. The First Nation's annual budget for the budget year beginning January 1, 2022, and ending December 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 the Appendices, forms patt 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 at a duly called and conducted Council meeting conducted by videoconference on the 17 th day of May, 2022, at which the required quorum of Four ( 4) councillors was present throughout.

Chief Jennifer Thomas

~ 0 Councillor Deanna George

~ ~~illor Kevin O'Neill

Councillor Charlene Aleck

C?!illor Liana Martin CIL:-~ Councillor Crntis Thomas

Councillor Dennis Thomas

2

SCHEDULE ANNUAL BUDGET

PARTl:REVENUES 1. Local revenues to be collected in budget year: a. Propetiy Tax Revenues b. Propetiy Transfer Tax Revenues TOTAL REVENUES:

PART2:EXPENDITURES 1. General Government Expenditures a. Executive and Legislative b. General Administrative c. Other General Government 2. Transportation a. Roads and Streets 3. Recreation and Cultural Services a. Recreation b. Culture 4. Community Development a. Education b. Public Works 5. Other Services a. BCAA b. Assessment Appeals c. District ofNotih Vancouver MTSA 6. Grants a. Homeowner Grants b. Additional Grants 7. Contingency Amounts a. Contingency Amounts TOTAL EXPENDITURES:

$3,268,031 $2,470,000 $5,738,031

$200,000 $200,000 $100,000

$1,800,000

$200,000 $200,000

$100,000 $500,000

$51000 $10,000 $1,667,933

$400,668 $248,430

$60,000 $5,738,031

3

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: 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. District of North Vancouver - Police - Fire - Utilities - Library - Parks and Recreation

$3,385,693

Note: This Budget includes the attached Appendix.

4

Appendix I Tsleil-Waututh Nation Local Services Fee Law Budget and Reserve Fund Balance - Sewer

A. Fees Current Year Budget Revenues: I. Fee Revenues to be collected in current year: 2. Moneys from Fee Reserve Fund to be expended in current year: Total Fee Revenues: Expenditures: I. District of North Vancouver MTSA 2. Transfers into Fee Reserve Fund: Total Fee Expenditures: Balance:

B. Fee Reserve Fund Balance Beginning balance as of January I, 2022 : Transfers out to current year fee revenues: Transfers in from current year fee revenues: Interest earned in current year: Ending balance as of December 31, 2022:

$ 824,834 $ 0 $ 824,834

$ 824,834 $ 0 $ 824,834 $ 0

$ $ $ $ $

0 0 0 0 0

5

Appendix II Tsleil-Waututh Nation Local Services Fee Law Budget and Reserve Fund Balance - Water

A. Fees Current Year Budget Revenues: 1. Fee Revenues to be collected in current year: 2. Moneys from Fee Reserve Fund to be expended in current year: Total Fee Revenues: Expenditures: 1. District of North Vancouver MTSA 2. Transfers into Fee Reserve Fund: Total Fee Expenditures: Balance:

B. Fee Reserve Fund Balance Beginning balance as of January 1, 2022 : Transfers out to current year fee revenues: Transfers in from current year fee revenues: Interest earned in current year: Ending balance as of December 31, 2022:

$ 869,214 $ 0 $ 869,214

$ 869,214 $ 0 $ 869,214 $ 0

$ $ $ $ $

0 0 0 0 0

6

Appendix III Tsleil-Waututh Nation Local Services Fee Law Budget and Reserve Fund Balance - Recycling

A. Fees Current Year Budget Revenues: 1. Fee Revenues to be collected in current year: 2. Moneys from Fee Reserve Fund to be expended in current year: Total Fee Revenues: Expenditures: 1. District of North Vancouver MTSA 2. Transfers into Fee Reserve Fund: Total Fee Expenditures: Balance:

B. Fee Reserve Fund Balance Beginning balance as of January 1, 2022 : Transfers out to current year fee revenues: Transfers in from current year fee revenues: Interest earned in current year: Ending balance as of December 31, 2022:

$ $ $

$ $ $ $

$ $ $ $ $

23,712 0 23,712

23,712 0 23,712 0

0 0 0 0 0

7

 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.