Part II - Enacted First Nations Legislation

Decision Information

Decision Content

FIRST NATIONS TAX COMMISSION COMM ISSION 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 Paqtnkek Mi'kmaw Nation in the Province of Nova Scotia,

PAQTNKEK Ml'KMAW NATION ANNUAL EXPENDITURE LAW, 2023

Dated at Kamloops, British Columbia this 30th day of November, 2023.

~ny)Jules On behalf of the First Nations Tax Commission

PAQTNKEK Ml'KMAW NATION ANNUAL EXPENDITURE LAW, 2023 W HEREAS: 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 Counci l of the First Nation has made a property assessment law and a property taxation law; C. Subsection I 0(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( I )(a. I) 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. I of the Act;

NOW THEREFORE the Council of the Paqtnkek Mi' kmaw Nation duly enacts as follows: 1. This Law may be cited as the Paqtnkek Mi 'kmaw 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 oft hose local revenues during a budget year, and setting out expenditures made in accordance with section 13.1 of the Act;

"Assessment Law" means the Paqtnkek Mi 'kmaw Nation Annual Expenditure Law, 2018, "Council" has the meaning given to that tenn in the Act; "First Nation" means the Paqtnkek Mi' kmaw Nation, being a band named in the schedule to the Act; " Law" means this annual expenditure law enacted under paragraph 5(1Xb) of the Act as required by subsection I 0(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 ofa tax imposed by a law made under paragraph 5(1Xa) of the Act;

"property taxation law" means a law enacted by the First Nation under paragraph S( l)(a) of the Act; and "Taxation Law" means the Paqtnkek Mi 'kmaw Nation Property Taxation Law, 2018. 3. The First Nation's annual budget for the budget year beginning April 1st, 2023 and ending March 31st, 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.( I) The Schedule attached to this Law, including any Appendices, forms 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 c9.J day of f\_b{embef. 20d-> at (\f'h.,0 , in the Province of t,\OVl\. S, CD:b 0,

A quorum of Council consists of four (4) members of Council.

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Councillor - Kerry Prosper ,iw,~ Councillor - Anne Marie Paul aF!;::;--

Councillor - Robert Pictou

Councillor - Judy Bernard-Julian

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SCHEDULE ANNUAL BUDGET

PART I: REVENUES I. Property tax revenues to be collected in budget year: a. Property Tax Revenues

TOT AL REVENUES

PART2 : EXPEND1TUR ES I. General Government Expenditures a. General Administrative 2. Transportation a. Roads and Streets b. Snow and Ice Removal 3. Community Development a. Economic Development Program 4. Contingency Amount

TOTAL EXPENDITURES

PART3: ACCUMULATED SURPLUS/DEFICIT I. Accumulated Surplus - revenues carried forward from the previous budget year

2. Accumulated Deficit - revenue expenditures carried forward from the previuus budgel year

BALANCE

$4,425.78

$4,425.78

$ 1,1 16.00 $1000.00 $1 000.00

$1 000.00 $309.78

$4,425.78

$0

$0

$0

3

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