Part II - Enacted First Nations Legislation

Decision Information

Decision Content

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 Shxwha:y Village in the Province of British Columbia,

SHXWHA:Y VILLAGE ANNUAL EXPENDITURE LAW, 2024

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

Chief Commissioner anny) Jules On behalf of the First Nations Tax Commission

Shxwtu\:y Village

BAND COUNCIL RESOLUTION

The council of the Shxwha\:y Village District: South Province: British Columbia Place: Chllllwack, B.C. Date of Duly Convened Council Meeting: 24 __J une - AD 2024 Day Month Year

Chronological No,: 2024- 570-0624-010

File Reforencc: Annual Tax Rate

Current Capital Balance Committed Current Revenue Balance Committed

$ $ _ ___ $ _ _ $_ -

WHEREAS: A. Pursuant to section 5 of the Firs/ Na/inns Fiscal Management Ac!, the council of u 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 property tuxotion law; C. Subsection I 0(2) of the Firs/ Na/ions Fiscal Manage men/ Ac! requires a first nation that has made a property taxation law or u low under paragraph 5( I )(a. I) to make, at least once each year, a luw establishing u budget for the expenditure of revenues raised under those lows; und

D. The Council of the rirst 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 Shxwhn:y Village duly enacts as follows: 1. This Law may be cited as the Sh.n1 1 Jui:y Village Annual Expendifllre Law, 2024. 2. In this Law: "Act" means the Firs/ Na/ions Fiscal Managemenl Ac!, S.C. 2005, c. 9, and the regulntions made under that Act;

"annual budget" means a budget selling out the projected local revenues and projected expenditures of those local revenues during n budget year, and setting out expenditures made in accordance with section 13.1 of the Act;

"Assessment Law" means the Shxwhci:y Village Propeny Assessmem Law, 2019 ; "Council" has the meaning given to that term in the Act; "First Nation" means the Shxwhn:y Village, 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 n First Nation in lieu of a tax imposed by a law made under paragraph S( I )(a) of the Act;

"property taxation law" means a law enacted by the First Nation under paragraph 5( I )(a) of the Act; and "Taxation Law" means the Shxwhci:y Village Properly Taxation Law, 2019. 3. The First Nation's annual budget for the budget year beginning April I, 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 nceorclancc with the annual budget or in nccordunce with section 13.1 of the /\ct.

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.

A quorum for this Band consists of _ 3 __ r.n11nr.il MAmhArn

~~/ Councillor

-B~L-~ Councillor

-

Councillor

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

9. 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.

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

11. 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.

12.(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. 13. 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 24 day of June, 2024, at Shxwha:y Village, in the Province of British Columbia.

A quorum for this Band consists of _a_

__&L_~_ Councillor

Chief

Councillor

Councillor

Councillor

SCHEDULE ANNUAL BUDGET

PART 1: REVENUES 1. Local revenues for current fiscal year: a. Property Tax Revenues b. Property Transfer Tax TOTAL REVENUES

PART2:EXPENDITURES I . General Government Expenditures a. Executive and Legislative b. General Administrative c. Local Service Agreement 2. Protection Services a. Local Service Agreement 3. Transportation a. Local Service Agreement b. Roads and Streets 4. Recreation and Cultural Services a. Local Service Agreement b. Other Recreation and Culture 5. Community Development a. Local Service Agreement b. Other Regional Planning and Development 6. Environment Health Services a. Garbage Waste Collection and Disposal

$762,992.00 $250,000.00 $1,012,992.00

$184,400.00 $62,790.00 $28,981.00

$141,686.00

$57,963.00 $300,000.00

$70,843.00 $520,000.00

$3,220.00 $550,881.00

$165,000.00

3

7. Fiscal Services a. Local Service Agreement 8. Grants a. Homeowner Grants 9. Contingency Amount

TOTAL EXPENDITURES

PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus- revenues carried forward from the previous budget year 2. Accumulated Deficit- revenue expenditures carried forward from the previous budget year BALANCE

$19,321.00

$60,000.00 $20,000.00

$2,185,085.00

$1,172,093.00

$0.00 $0.00

Note: The First Nation has the following 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. City of Chilliwack b. BC Assessment

$322,014.00 $13,662.00

4

 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.