FIRST NATIONS TAX COMMISSION COMM ISSION DE LA FISCALITE DE S PREMIERES NATIONS
The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Upper Nicola Band in the Province of British Columbia,
UPPER NICOLA BAND ANNUAL EXPENDITURE LAW, 2023
Dated at Kamloops, British Columbia this 26th day of May, 2023.
ยท 1oner C.T. (Manny) Jul es On behalf of the First Nations Tax Commission
UPPER NICOLA BAND 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 A1anagement 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 Upper Nicola Band duly enacts as follows: 1. This Law may be cited as the Upper Nicola Band 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 Upper Nicola Band Property Assessment Law, 2016; "Council" has the meaning given to that term in the Act; "First Nation" means the Upper Nicola Band, being a band named in the schedule to the Act; "Law" means this annual expenditure law enacted under paragraph 5(l)(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;
"property taxation law" means a law enacted by the First Nation under paragraph 5(l)(a) of the Act; and "Taxation Law" means the Upper Nicola Band Property Taxation Law, 2016. 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 attaimnent of its objectives.
12.(1) The Schedule attached to this Law, including any Appendices, forms part of and is an integral pait 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 19 day of May, 2023, at Douglas Lake, in the Province of British Columbia.
A quorum of Council consists of five (5) members of Council.
Chief Danny Manuel
Councillor Craig Shintah
Councillor Eva Tom
Councillor Brian Holmes
----= Councillor Dennis MacDonald
Cou{cillor Fred Holmes
Councillor Ira Tom
Councillor Kala Boston
Councillor Kevin Ned
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SCHEDULE
ANNUAL BUDGET
PART 1: REVENUES 1. Property tax revenues to be collected in budget year: a. Prope1ty Tax Revenues TOTAL REVENUE:
PART 2: EXPENDITURES 1. General Government Expenditures a. General Administrative b. Other General Government 2. Protection Services a. Firefighting b. Fire Department 3. Community Development g. Land Rehabilitation and Beautification 4. Contingency Amount TOTAL EXPENDITURES:
PART 3: ACCUMULATED SURPLUSillEFICIT 1. Accumulated Surplus- revenues carried forward from the previous budget year
2. Accumulated Deficit- revenue expenditures carried forward from the previous budget year
BALANCE
$43,868.63 $43,868.63
$20,665.00 $5,600.00
$10,000.00 $5,510.63
$5,250.00 $1,200.00 $48,225.63
$4,357.00
$0.00
$0.00
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