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

Snuneymuxw First Nation in the Province of British Columbia,

Snuneymuxw First Nation Annual Expenditure Law, 2022

Dated at Kamloops, British Columbia this 8th day of July, 2022.

On behalf of the First Nations Tax Commission ~/, C.T. (Manny) ~C ommissioner First Nations Tax Commission

SNUNEYMUXW FIRST NATION ANNUAL EXPENDITURE LAW, 2022 WHEREAS: A. Pursuant to section 5 of the First Nations Fiscal 1\1c111agement 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 property assessment law and a property taxation law; C. Subsection I 0(2) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law or a law under paragraph 5( I )(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. I of the Act;

NOW THEREFORE the Council of the Snuneymuxw First Nation duly enacts as follows: 1. This Law may be cited as the Snuneymuxw First Nation Annual Expenditure Law, 2022. 2. In this Law: "Act" means the First Nations Fiscal A1anagement 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. I of the Act;

"Assessment Law" means the Nanaimo Indian Band Taxation and Assessment By-Law, 1992, as amended by the Nanaimo Indian Band Taxation and Assessment Amending By-Law No. I (1993), the Nanaimo Indian Band Taxation and Assessment Amending Bylaw No. 1995-1 and the Nanaimo Indian Band Assessment By-Law No. 1995-2;

"Council" has the meaning given to that term in the Act; "First Nation" means the Snuneymuxw First Nation, being a band named in the schedule to the Act; "Law" means this annual expenditure law enacted under paragraph 5( I )(b) of the Act as required by subsection 10(2) of the Act; "local revenues" means money raised by the First Nation under a local revenue law and payments made to a First Nation in lieu of a tax imposed by a law made under paragraph 5( I )(a) of the Act;

"property taxation law" means a law enacted by the First Nation under paragraph 5( I )(a) of the Act; and "Taxation Law" means the Nanaimo Indian Band Taxation and Assessment By-Law, 1992, as amended by the Nanaimo Indian Band Taxation and Assessment Amending By-Lcn11 No. 1 (1993), the Nanaimo Indian Band Taxation and Assess!l1ent All1ending Bylaw No. 1995-1 and the Nanaimo Indian Band Assessment By-Law No. 1995-2;.

3. The First Nation's annual budget for the budget year beginning April I, 2022, and ending March 31, 2023, 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. I 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.

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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. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule.

8. 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.

9. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise.

10. 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.

11. (I) The Schedule attached to this Law, including any Appendices, forms part of and is an integral part of this Law.

(2) A reference to the Schedule is a reference to the Schedule to this Law. 12. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission.

~ JtL.,v(..., THIS LAW IS HEREBY DULY ENACTED by Council on the 'lL day of _ i, 2022, at Nanaimo, in the Province of British Columbia.

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A quorum of Council consists of six (6) members of Council.

I Councillor Darren Good

Chief Michael Wyse

Councillor Edward Good

1 Councillor Stacey Good

Councillor Wanda Good

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~

1Seward

Councillor Isaac Thomas

Councillor Paul Wyse-Seward

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SCHEDULE ANNUAL BUDGET

PARTl:REVENUES 1. Property tax revenues to be collected in budget year: a. Property Tax Revenues TOTA L REVENUES

PART2:EXPENDITURES 1. General Government Expenditures a. General Administrative 2. Recreation and Cultural Services a. Culture 3. Community Development a. Land Rehabilitation and Beautification 4. Other Services a. Education 5. Contingency Amount TOTA L EXPENDITURES

PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus - revenues carried forward from the previous budget year 2. Accumulated Deficit - revenue expenditures carried forward from the previous budget year BALANCE

$ 32,536.70 $ 32,536.70

3,253.67

10,000.00

10,000.00

6,029.36 3,253.67 $ 32,536.70

$

$

0.00 0.00 0.00

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 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.