Part II - Enacted First Nations Legislation

Decision Information

Decision Content

FIRST NATIONS TAX COMMISSION COMMISSION DE LA FISCALITE DES PREM IER ES NATIONS

The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the fo llowing law made by the Cayoose Creek Indian Band in the Province of British Columbia,

CAYOOSE CREEK IND/AN BAND ANNUAL TAX RATES LAW, 2023

Dated at Kamloops, British Columbia this 20th day of October, 2023.

Commissioner C.T. (Manny)Jules f the First Nations Tax Commission

CAYOOSE CREEK INDIAN BAND ANNUALTAXRATES 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 Cayoose Creek Indian Band duly enacts as follows: 1. This Law may be cited as the Cayoose Creek Indian Band Annual Tax Rates Law, 2023. 2. In this Law: "Act" means the First Nations Fiscal lvfanagement Act, S.C. 2005, c. 9, and the regulations made under that Act;

"Assessment Law" means the Cayoose Creek Indian Band Property Assessment Lm11, 2014; "First Nation" means the Cayoose Creek Indian Band, 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 prope1ty" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Cayoose Creek Indian Band Property Taxation Lmv, 2014. 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 prope1ty in a taxation year is less than one hundred dollars ($100), the taxable prope1ty 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.

THIS LAW IS HEREBY DULY ENACTED by Council on the 5th day of October 2023, at Cayoose Creek, in the Province of British Columbia.

A quorum of Council consists of three (3) members of Council.

Chief Bonnie Adolph

Councillor Robin Frank

Councillor Jessica Hopkins

Councillor Jolene Alec

PROPERTY CLASS

Class 1 - Residential Class 2 - Utilities Class 4 - Major Industry Class 6 - Business and Other

SCHEDULE TAX RATES

RA TE PER $1,000 OF ASSESSED VALUE

3.48060 20.47220 12.86654 8.50442

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.