Contenu de la décision
First Nations Tax Commission Commission de la fiscalité des premières nations The First Nations Tax Commission, pursuant to the First Nations Fiscal Management Act, hereby approves the following law made by the Upper Nicola Band in the Province of British Columbia, Upper Nicola Band Annual Tax Rates Law, 2019 Dated at Winnipeg, Manitoba this 26th day of June, 2019. On behalf of the First Nations Tax Commission L 1L 1.-c. C.T. (Man les, Chief Commissioner (#) t Nations Tax Commission
UPPER NICOLA BAND ANNUAL TAX RATES LAW, 2019 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 First Nation has made a property assessment law and a property taxation law; and C. Subsection 10(1) of the First Nations Fiscal Management Act requires a first nation that has made a property 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 Upper Nicola Band duly enacts as follows: 1. This Law may be cited as the Upper Nicola Band Annual Tax Rates Law, 2019. 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 Upper Nicola Band Property Assessment Law, 2016; "First Nation" means the Upper Nicola Band, being a band named in the schedule to the Act; "property taxation law" means a law enacted by the First Nation under paragraph 5(1)(a) of the Act; "taxable property" has the meaning given to that term in the Taxation Law; and "Taxation Law" means the Upper Nicola Band Property Taxation Law, 2016. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2019 shall be determined by imposing the rates set out in the Schedule upon the assessed value of all taxable property in each property class. 4. Notwithstanding section 3, where the amount of the tax levied on taxable property 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 part of and is an integral part of this Law. 9. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. 1
THIS LAW IS HEREBY DULY ENACTED by Council on the 17`" day of June, 2019, at Douglas Lake in the Province of British Columbia. A quorum of Council consists of four (4) members of Council. si _6-- ,-- -------74-1: ey McLeod Councillor Brian Holmes ou'ncillor David Lindley Councillor Dennis MacDonald &Joe( d Councillor Wallace Michel Councillor Clarine Paul 2
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 3 RATE PER $1,000 OF ASSESSED VALUE 5.01707 25.47789 18.32346 14.18866 12.05666 5.48317 9.93317
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