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 Eskasoni First Nation in the Province of Nova Scotia,
ESKASONI FIRST NATION ANNUAL EXPENDITURE LAW, 2023
Dated at Kamloops, British Columbia this 13th day of February, 2024.
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Chief Commissi~Jules On behalf of the First Nations Tax Commission
ESKASONI 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 prope1ty 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.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 .1 of the Act;
NOW THEREFORE the Council of the Eskasoni First Nation duly enacts as follows: 1. This Law may be cited as the Eskasoni First Nation Annual Expenditure Law, 2023. 2. In this Law: "Act" means the First Nations Fiscal A1anagement 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 Eskasoni First Nation Property Assessment By-Law, 2012; "Council" has the meaning given to that term in the Act; "First Nation" means the Eskasoni 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(l)(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 Eskasoni First Nation Property Taxation By-Law, 2012. 3. The First Nation's annual budget for the budget year beginning April 1, 2023, and ending March 31 st 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.
THJS LAW IS HEREBY DULY ENACTED by Council on th~ at {?'s Jcast> nJ 'in the Province of Iv OVt2,, SC--t>±t p_.,
) t;;' day of Dec ,
, 20 23,
A quorum of Council consists of seven (7) members of Council.
~-~ Councillor Sophia Basque
Councillor Bertram Bernard
Councillor Chris Stevens
Councillor Duma Bernard
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Councillor Pierre Gould
Councillor Starr Paul
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SCHEDULE ANNUAL BUDGET
PARTl:REVENUES I. Prope1ty tax revenues to be collected in budget year: a. Property Tax Revenues b. Payments received in lieu of taxes
TOT AL REVENUES
PART 2: EXPENDITURES I. General Government Expenditures a. General Administrative 2. Transportation a. Snow and Ice Removal
3. Contingency Amount TOT AL EXPENDITURES
$60,531.26 $18,183.05
$ 78,714.31
$4,000.00 $66,842.31
$7,872.00 $78,714.31
BALANCE $0 Note: The following are the 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.
Property Valuation Services
$4,000
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