Part II - Enacted First Nations Legislation

Decision Information

Decision Content

FIRST NATIONS TAX COMMISSION COMMISS IO I-.J DE LA FISCALITE DES PREMIERES NATIONS

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

SEABIRD ISLAND BAND ANNUAL EXPENDITURE LAW, 2024

Dated at Kamloops, British Columbia this 15th day of August, 2024.

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Ch ief Commissione . (M anny)Jules On behalf of the First Nations Tax Commission

SEABIRD ISLAND BAND ANNUAL EXPENDITURE LAW, 2024 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 property assessment law and a prope1iy 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 of revenues 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 Seabird Island Band duly enacts as follows: 1. This Law may be cited as the Seabird Island Band Annual Expenditure Law, 2024. 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 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 Seabird Island Indian Band Assessment Bylmv; "Council" has the meaning given to that term in the Act; "First Nation" means the Seabird Island Band, 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 ofa 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(l)(a) of the Act; and "Taxation Law" means the Seabird Island Indian Band Taxation Bylmv. 3. The First Nation's annual budget for the budget year beginning April 1, 2024, and ending March 31, 2025, 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. The grant amounts set out in the annual budget are hereby approved as expenditures in accordance with the Taxation Law.

8. A Seabird Capital Reserve Fund is hereby established for the purposes of funding a p01tion offuture capital projects undertaken by Seabird.

9. This Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule.

10. 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.

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

12. 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.

13.(1) 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. 14. 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 the Council at a duly called and conducted Council meeting conducted videoconference on 9th day of August, 2024, at which the required quorum of _5 _ councillors was present throughout.

A quorum of Council consists of five (5) members of Council. ~ 7/---:,., . () ti - ~ d)o,1~ Chief James Harris Councillor Willow Walker

Councillor Rodney Peters

Councillor Paul Andrew

Councillor Marcia Peters

Councillor Alexis Grace

~ Councillor Ashley Bobb

Councillor Sally-May Hope

Councillor Chaundine Fisher

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SCHEDULE ANNUAL BUDGET PARTl:REVENUES 1. Property tax revenues to be collected in budget year: TOTAL REVENUES

PART2:EXPENDITURES 1. General Government Expenditures a. Executive and Legislative b. General Administrative c. Other General Government 2. Protection Services a. Policing b. Firefighting c. Regulatory Measures 3. Transpmiation a. Roads and Streets b. Snow and Ice Removal 4. Recreation and Cultural Services a. Recreation b. Culture (Eider's program) c. Heritage Protection d. Other Recreation and Culture 5. Community Development a. Housing b. Planning and Zoning c. Community Planning d. Economic Development Program 6. Grants a. Home owner grant equivalents 7. Contingency a. Contingency Amount 8. Transfers into Reserve Funds a. Seabird Capital Reserve Fund

TOTAL EXPENDITURES

$1,429,125 $1,429,125

$367,000 $ 142,912 $ 25,000

$ 145,000 $ 45,196

$ 140,000

$ 110,084 $ 70,000 $ 14,291 $ 97,564

$

1,415

$ 128,621

$ 142,912

$1,429,995

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PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus revenues carried forward from the previous budget year

2.

Accumulated Deficit expenditures carried forward from the previous budget year

BALANCE

$870

$ 0

$ 0

Note: The First Nation has the following service agreements with third-pmiy service providers, and the amounts indicated are the amounts payable by the First Nation under each agreement during the budget period:

a. District of Kent - Road Maintenance b. District of Kent Sewer Service

$

14,750 per Annum $ 1.15 per Cubic meter

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Appendix Reserve Fund Balances 1. Seabird Capital Reserve Fund Beginning balance as of April 1, 2024 Transfers out a. to current year's revenues: b. to ____ reserve fund as a transfer:

C. moneys borrowed for another purpose: Transfers in a. from current year's revenues: b. from ____ reserve fund as a transfer: c. borrowed moneys repaid to fund: Interest earned in current year: Ending balance as of March 31, 2025:

$ 969,497 $ $

$ $ 142,912 $ $ $ 19,390 $1,131,799

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