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 Beecher Bay First Nation in the Province of British Columbia, Beecher Bay Annual Rates Law, 2018 Dated at Kamloops, British Columbia this 5th day of June, 2018. On behalf of the First Nations Tax Commission C.T. (Manny Ju ~s — Chief Commissioner t rs Nations Tax Commission
BEECHER BAY ANNUAL RATES LAW, 2018 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, interests in reserve lands or rights to occupy, possess or use reserve lands, including laws to establish tax rates and apply them to the assessed value of lands, interests and rights in the reserve; 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, interests or rights in the reserve; NOW THEREFORE the Council of Beecher Bay duly enacts as follows: 1. This Law may be cited as the Beecher Bay Annual Rates Law, 2018. 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 Beecher Bay Assessment Law, 2016; "First Nation" means the Beecher Bay First Nation, 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" means property in a reserve that is subject to taxation under a property taxation law; and "Taxation Law" means the Beecher Bay Property Taxation Law, 2016. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2018 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, a taxable property shall be taxed at three hundred and fifty dollars ($350) for the taxation year where (a) the amount of the tax levied on Class 1 taxable property in a taxation year is less than three hundred and fifty dollars ($350). and (b) no taxpayer for that taxable property is sixty-five (65) years of age or over, the taxable property shall be taxed at three hundred and fifty dollars ($350) for the taxation year. 5. Notwithstanding section3, a taxable property shall be taxed at one hundred dollars ($100) for the taxation year where (a) the amount of the tax levied on Class 1 taxable property in a taxation year is less than one hundred dollars ($100), and (b) a taxpayer for that taxable property is at least sixty-five (65) years of age 1
6. 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. 7. Where a provision in this Law is expressed in the present tense, the provision applies to the circumstances as they arise. 8. 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. 9. The Schedule attached to this Law forms part of and is an integral part of this Law. 10. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. THIS L LY ENACTED by Council on the 31 day of May, 2018, at Beecher Bay, in t olumbia. A nsists of Two (2) members of Council. Chief Russell Chipps Councillor Gordon Charles Councillor Bernice Millette 2
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