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 Stellat'en First Nation in the Province of British Columbia,

STELL.ATEN FIRST NATION ANNUAL TAX RATES LAW, 2023

Dated at Kam loops, British Columbia this 15th day of June, 2023.

Chief Commissi C.T. (Manny) Jules On behalf of the First Nations Tax Commission

STELLAT'EN FIRST NATION ANNUAL TAX RATES 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 to establish tax rates and apply them to the assessed value of those lands and interests or rights;

B. The council of the First Nation has made a property assessment law and a property taxation law; and

C. Subsection 10(1) of the First Nations Fiscal Management Act requires a first nation that has made a property taxation law to, at least once each year, make a law setting the rate of tax to be applied to the assessed value of each class of lands and interests or rights;

NOW THEREFORE the Council of the Stellat'en First Nation duly enacts as follows: 1. This Law may be cited as the Stellat'en First Nation Annual Tax Rates 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;

"Assessment Law" means the Stellat'en First Nation Property Assessment Law, 2015; "First Nation" means the Stellat'en First Nation, being a band named in the schedule to the Act; "property taxation law" means a law enacted by the First Nation under paragraph 5(l)(a) of the Act;

"taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Stellat'en First Nation Property Taxation Lm-1~ 2015. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2023 shall be determined by imposing the rates set out in the Schedule upon the assessed value of all taxable property in each property class.

4. Notwithstanding section 3, where the amount of the tax levied on taxable property in a taxation year is less than one hundred dollars ($100), the taxable property shall be taxed at one hundred dollars ($100) for the taxation year.

5. 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.

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

7. 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.

8. The Schedule attached to this Law forms part of and is an integral part of this Law.

9. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission.

EREBY DULY ENACTED by Council on the 6 th n Band Office, in the Province of British Columbia.

day of June, 2023 , at

Council consists of two (2) members of Council. ~r&d-z~ Chief Robert Michell 'councillor Yvonne George

Councillor Kenneth Schmidt

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PROPERTY CLASS

Class 1 Residential

Class 2 Utilities

Class 4 Major Industry

Class 5 Light Industry

Class 6 Business and Other

Class 8 Recreational /Non-Profit

Class 9 Farm

SCHEDULE TAX RATES

RATE PER $1,000 OF ASSESSED VALUE

5.42369

25.14461

17.40544

14.04684

11.77514

5.15489

10.28489

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