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 Yakweakwioose First Nation in the Province of British Columbia,

YAKWEAKWIOOSE FIRST NATION ANNUAL EXPENDITURE LAW, 2023

Dated at Kamloops, British Columbia this 1st day of June, 2023.

Chief Com mi ยท ner C.T. (Manny) Jules On behalf of the First Nations Tax Commission

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YAKWEAKWIOOSE 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 of revenues 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 Yakweakwioose First Nation duly enacts as follows: 1. This Law may be cited as the Yakweakwioose 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 Yahveakwioose First Nation Property Assessment Law, 2021; "Council" has the meaning given to that term in the Act; "First Nation" means the Yakweakwioose 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;

"property taxation law" means a law enacted by the First Nation under paragraph 5(1 )(a) of the Act; and

"Taxation Law" means the Yakweakwioose First Nation Property Taxation Law, 2021. 3. The First Nation's annual budget for the budget year begim1ing 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. 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.(1) The Schedule attached to this Law, including any Appendices, fo1ms 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. THIS LAW IS HEREBY DULY ENACTED by Council on the ~,3 day of May 2023 at Chilliwack, in the Province of British Columbia.

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

Chief Terry Horne

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SCHEDULE ANNUAL BUDGET

PARTl:REVENUES 1. Property Tax Revenues to be collected in Budget year a. Prope1iy Tax Revenues TOTAL REVENUES:

PART 2: EXPENDITURES 1. General Government Expenditures a. General Administrative b. Local Service Agreement 2. Protection Services a. Local Service Agreement 3. Transportation a. Roads and Streets b. Local Service Agreement 4. Recreation and Cultural Services a. Local Service Agreement 5. Community Development a. Local Service Agreement 6. Fiscal Services a. Local Service Agreement

$9,571.00 $9,571.00

$3,000.00 $324.00

$1,584.00

$2,772.00 $648.00

$792.00

$36.00

$215.00

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7. Contingency Amount TOTAL EXPENDITURES:

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

BALANCE

$200.00 $9,571.00

$0.00

$0.00

Note: The First Nation has the following service agreements with third-party service providers, and the amounts indicated are the amounts payable by the First Nation under each agreement during the budget year:

a. City of Chilliwack

$3,600.00

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