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
Shuswap Band in the Province of British Columbia,
Shuswap Band Annual Tax Rates Law, 2022
Dated at Kamloops, British Columbia this 27th day of May, 2022.
On behalf of the First Nations Tax Commission
C.T. (Man
First Nations Tax Commission
SHUSW AP BAND ANNUAL TAX RATES 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 to establish tax rates and apply them to the assessed value of those lands and interests or rights;
B. The council of the First Nation 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 prope1ty 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 and interests or rights;
NOW THEREFORE the Council of the Shuswap Band duly enacts as follows: 1. This Law may be cited as the Shuswap Band Annual Tax Rates 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;
"Assessment Law" means the Shuswap Indian Band Property Assessment Law, 2008; "First Nation" means the Shuswap Band, (formerly known as Shuswap Indian Band or Shuswap First Nation) being a band named in the schedule to the Act;
"property taxation law" means a law enacted by the First Nation under paragraph 5(l)(a) of the Act; "taxable prope1ty" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Shuswap Indian Band Property Taxation Law, 2008. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2022 shall be determined by imposing the rates set out in the Schedule upon the assessed value of all taxable property in each property class.
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.
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.
6. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.
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.
8. The Schedule attached to this Law forms part of and is an integral part of this Law.
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 JL day of May 2022, at Shuswap Reserve, in the Province of British Columbia.
A quorum of Counc· ..-consists of two (2) members of Council.
Chief Barb Cote
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Councillor Tim Eugene
Councillor Mark Thomas
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PROPERTY CLASS
SCHEDULE TAX RATES
British Columbia Class 1 - Residential Class 2 - Utilities Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization
RATE PER $1000 of assessed value
5.53760 35.79111 15.69349 8.79235 13.86854
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