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

Lake Cowichan First Nation in the Province of British Columbia,

Ts'uubaa-asatx Annual Tax Rates Law, 2022

Dated at Halifax, Nova Scotia this 16th day of June, 2022.

On behalf of the First Nations Tax Commission

C.T. (Mann l First Nations Tax Commission

TS'UUBAA-ASATX 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 ofr eserve 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 oft he 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 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 and interests or rights;

NOW THEREFORE the Council oft he Ts'uubaa-asatx duly enacts as follows: 1. This Law may be cited as the Ts'uubaa-asatx 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 Ts'uubaa-asatx Assessment Law, 2020; "First Nation" means Ts'uubaa-asatx (formerly "Lake Cowichan 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 S(l)(a) of the Act;

''taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Ts'uubaa-asatx Property Taxation Law, 2020. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2022 shall ·be detennined 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), the taxable property shall be taxed at one hundred dollars ($100) 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 inteipretation 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 the8:t_!, day of June, 2022, at Cowichan Lake, in the Province of British Columbia. A quorum of Council consists of three (3) members of Council.

Chief Georgina Livingstone

ounci r Melanie Livingstone DCoJuncil4lor C ~aro1e~Liing~stone

2

PROPERTY CLASS 1 Residential 2 Utilities 4 Major Industry 5 Light Industry 6 Business and Other 7 Forest Land 8 Recreational /Non-Profit

SCHEDULE TAX RATES

RA TE PER $1,000 of assessed Value

5.55665

35.78726

55.36452

18.09447

14.92100

18.13481

6.32105

3

 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.