Part II - Enacted First Nations Legislation

Decision Information

Decision Content

FIRST NATIONS TAX COMMISSION COMMISSION DE LA FISCALITE DES PREM IERES NATIONS

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

COLDWATER IND/AN BAND ANNUAL TAX RATES LAW, 2023

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

Chie, Com issioner C.T. (Manny) Jules On behalf of e F' st Nations Tax Commission

COLDWATER INDIAN BAND ANNUAL TAX RAT ES 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 Coldwater Indian Band has enacted the Coldwater Indian Band Property Assessment Law, 2012 and Coldwater Indian Band Property Taxation Law, 2012; and

C. Subsection 10(1) of the First Nations Fiscal Management Act requires a first nation that has made a propetiy 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 Coldwater Indian Band duly enacts as follows: 1. This Law may be cited as the Cold1;1'ater Indian Band 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 Coldwater Indian Band Property Assessment Law, 2012; "First Nation" means the Coldwater 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 S(l)(a) of the Act; "taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Coldwater Indian Band Property Taxation Law, 2012. 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 propetiy class.

4. Notwithstanding section 3, where the amount of the tax levied on taxable propetiy 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 patt of, and is an integral part of this Law.

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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 2.0 day of September , 2023, at Coldwater IR#l, in the Province of British Columbia.

A quorum of Council consists of Five (5) members of Council.

Councillor Shawn Bob

Councillor Cheryl Rule

~nica Jameson

Councillor Michael Smithers

ChiefT. Lee Spahan ,V ieu 491 {y/~1.~ Councillor Carol Smith

Councillor Jackie Aljam

Councillor Harry Spahan

Councillor Leah Collins

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SCHEDULE Tax Rates

PROPERTY CLASS Class 1 - Residential Class 2 - Utilities Class 4 - Major Industry Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm

RA TE PER $1000 OF ASSESSED VALUE 12.5397 58.8924 48.5076 17.7158 32.3044 14.0826 20.3576

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