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 K'6moks First Nation in the Province of British Columbia,
K'OMOKS FIRST NATION ANNUAL EXPENDITURE LAW, 2023
Dated at Kamloops, British Columbia this 26th day of May, 2023.
~/, Chi~ny)Jules On behalf of the First Nations Tax Commission
K'OMOKS FIRST NATION ANNUAL EXPENDITURE LAW, 2023 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 property assessment law and a property taxation law; C. Subsection 10(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(1)(a.1) 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 of the Act;
NOW THEREFORE the Council of the K'6moks First Nation duly enacts as follows: 1. This Law may be cited as the K'6moks First Nation Annual Expenditure Law, 2023. 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 K'6moks First Nation Property Assessment Law, 2011; "Council" has the meaning given to that term in the Act; "First Nation" means the K'6moks First 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 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(1 )(a) of the Act;
"propetiy taxation law" means a law enacted by the First Nation under paragraph 5(l)(a) of the Act; and
"Taxation Law" means the K'6moks First Nation Property Taxation Law, 2011. 3. The First Nation's annual budget for the budget year beginning April 1, 2023, and ending March 31, 2024, 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, including any Appendices, attached to this Law 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. 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 on the _!j__th day of May, 2023, at Courtenay, in the Province of British Columbia .
A quorum of Council consists of three (3) members of Council.
Chief Ken Price ~ ~11. Coral MacKay
Councillor Candace Newman
Councillor Susan Savoie
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SCHEDULE ANNUAL BUDGET
PART 1: REVENUES Local revenues to be collected in budget year: Interest-Penalties Property Tax Revenues BC Grant Program Moneys from Reserve Funds
TOTAL REVENUES
PART2:EXPENDITURES 1 General Government Expenditures General Administrative/Wages Auditing Services Operating Supplies 2 Protection Services Fire fighting 3 Transportation Roads and Streets Snow removal and salt 4 Enviromnent Health Services Sewage Collection and Disposal Garbage Waste Collection and Disposal Capital Project-Drainage Upgrades 5 Grants: Home owner grant 6 Other Services Tree Removal-Pruning Services Engineering-Architecture Services 7 Contingency Amounts 8 Transfers into reserve funds TOTAL EXPENDITURES
$ $ $ $
$
$ $ $
$
$ $
$ $ $
$
$ $ $ $ $
2023- 2024
650 48,600 15,000 27,112
91,362
3,000 3,000 750
3,500
2,800 1,000
3,180 2,450 27,112
32,700
3,000 1,500 5,000 2,370 91,362
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PART 3: ACCUMULATED SURPLUS/DEFICIT Accumulated Surplus Local revenues carried forward from the previous budget year
Accumulated Deficit Local revenue expenditures carried f01ward from the previous budget year
$
$
BALANCE Surplus/(Deficit) $ *Any Surplus to be transferred to Operating Contingency Reserve for Que nee sh Trailer Park
Note: The First Nation has the following service agreements with third-party service providers, and the amounts indicated are payable by the First Nation during the budget year:
- Town of Comox, Fire Protection of Taxation District
$
- Emterra, Garbage collection and disposal $ **KFN has a Customer Service Agreement dated 2016, but nothing newer; 6% increase occurred after KFN notified via email on Feb 5, 2020.
3,500
2,450
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Appendix Reserve Fund Balances
1 Contingency Reserve Fund Beginning Balance as of April 1, 2023
Transfers Out a). To current year's revenues b). To ____r eserve fund as a transfer: c). Moneys borrowed for another purpose Transfer Out Sub-Total
Transfers In a). From current year's revenues b). from ____r eserve fund as a transfer: c). borrowed monies repaid to fund: Interest (1%) earned in current year Transfer In Sub-Total
Ending Balance as of March 31, 2024
$ $ $
$ $ $ $
27,112
2,370
$
$
$
$
27,112 1
27,112
2,370
2,370
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