Part II - Enacted First Nations Legislation

Decision Information

Decision Content

Ministre des Relations Couronne-Autochtones

Minister of Crown-Indigenous Relations

Ottawa, Canada K1A OH4

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 15, 2022.

Burns Lake Band Property Assessment Amendment By-law, 2022

Dated at Ottawa, Ontario, this 10 day of

Cl~U/vv\ 'o Q./\.

2022.

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

Canada

Burns Lake Band Property Assessment Amendment Bylaw, 2022

WHEREAS: A. Under Section 83(1) of the Indian Act, the council of a band may make bylaws for the regulation of taxation for local purposes ofland, or interests in land, in the reserve, including rights to occupy, possess or use land in the reserve

B. The Burns Lake Indian Band Property Assessment Bylaw was approved on May 26, 1994, (the "Assessment Bylaw") by the Minister oflndian Affairs and Northern Development

C. The Burns Lake Band has been using Section 27, "Valuation for Certain Purposes not Actual" ("Section 27") of the Bylaw, to assess the value of infrastructure and ancillary properties on their lands;

D. Section 27 of the Bylaw does not reflect the current rates under the Assessment Act, R.S.B.C. 1996, c.20, to value infrastructure and ancillary properties on their lands;

E. It is in the best interest of the Burns Lake Band to amend the Bylaws to reflect the current rates under the Assessment Act, R.S.B.C. 1996, c.20, to accurately value infrastructure and ancillary properties on their lands;

THEREFORE the Council of the Burns Lake Band duly enacts as follows: 1. This By-law may be cited as the Burns Lake Band Property Assessment Amendment Bylaw, 2022.

2. Section 27 of the Assessment Bylaw is hereby amended by deleting it in its entirety and replacing it with the following:

Section 27: Valuation for Certain Purposes not Actual 27(1 ): The Assessor shall, by using rates established under the Assessment Act, R.S.B.C. 1996, c.20, determine the value of the following properties:

(a)

(b)

the pole lines, metallic or fibre optic cables, towers, poles, wires, transformers, conduits and mains of a telecommunications, trolley coach, bus or electrical power corporation, but not including substations,

the track in place of a railway corporation, whether the track is on a highway or on a privately held, owner or occupied right of way or other interest in reserve, or elsewhere on reserve,

( c)

(d)

- 2 -

the pipe lines of a pipe line corporation for the transpo11ation of petroleum, petroleum products, or natural gas, including valves, cleanouts, fastenings, and appurtenances located on the right of way, but not including distribution pipelines, pumping equipment, compressor equipment, storage tanks and buildings,

the right of way for pole lines, cables, towers, poles, wires, transformers, conduits, mains and pipe lines referred to in paragraphs (a) and (c),

( e) the right of way for track referred to in paragraph (b ). [THE NEXT SECTION IS 33.1] 3. Schedules VIII, IX, X, and XI of the Assessment Bylaw are hereby deleted. 4. This By-law comes into force and effect on approval by the Minister of Indigenous Services Canada.

THIS BY-LAW IS HEREBY DULY ENACTED by Council at a duly convened meeting held on the 15 th day of December, 2022, at Burns Lake, in the Province of British Columbia.

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

r:DocuSlgntd by: ~ Councillor Ellen Lorentz

1/âś“lilocuSlgned by:

L ~44FO Councillor Cecelia Sam

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