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 Leq'â:mel First Nation in the Province of British Columbia, Leq'â:mel First Nation Annual Expenditure Law, 2018 Dated at Kamloops, British Columbia this 29th day of May, 2018. • On behalf of the First Nations Tax Commission (Manny) Jules — Chief Commissioner First Nations Tax Commission
LEQ'A:MEL FIRST NATION ANNUAL EXPENDITURE 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 authorizing the expenditure of local revenues; B. The Council of the First Nation has made a property 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.1) to, at least once each year, make 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 Leq'a:mel First Nation duly enacts as follows: 1. This Law may be cited as the Leq'a:mel First Nation Annual Expenditure 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; "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 Leq'a:mel First Nation Property Assessment Law, 2009; "Council" has the meaning given to that term in the Act; "First Nation" means the Leq'a:mel 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(1)(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 Leq'a:mel First Nation Properly Taxation Law, 2009. 3. The First Nation's annual budget for the budget year beginning April 1, 2018, and ending March 31, 2019, 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. 1
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 22th day of May, 2018, at Deroche, in the Province of British Columbia. A quorum of Council consists of Four (4) members of Council. Chief Alice Thompson Councillor Sandy McDonald zge_zm Councillor D iel Kelly Co cillor Darrel McKamey Councillor Dawn Stryan ames Paterson Councillor Camielle Laslo 2
SCHEDULE ANNUAL BUDGET PART 1: REVENUES 1. Local revenues for current fiscal year: a. Property Tax $136,203 b. Other Revenue (Utilities) $10,640 TOTAL REVENUES: $146,843 PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative $276,626 b. General Administrative $25,000 c. Other General Government $10,000 2. Protection Services a. Local Service Agreement $729 3. Transportation a. Local Service Agreement $4,110 4. Recreation and Cultural Services a. Local Service Agreement $6,984 5. Community Development a. Local Service Agreement $3,691 6. Environment Health Services a. Garbage Waste Collection and Disposal $25,000 b. Local Service Agreement - General E.H. $3,039 c. Local Servie Agreement - Water/Sewer $1,465 7. Other Services a. Dyking and Drainage $9,854 9. Grants a. Homeowner Grants $42,000 10. Contingency Amounts
a. Contingency Amounts $3,988 TOTAL EXPENDITURES: $412,486 PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus — Local revenues carried forward from the previous budget year $265,643 2. Accumulated Deficit — Local revenue expenditures carried forward from the previous budget year $ 0 BALANCE $0 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. Fraser Valley Regional District for E9-1-1, Fire, Search and Rescue, Street lighting, Regional Parks, Weed/Mosquito Control, Library and Hospital Services for: $20,018 b. Nicomen Island Improvement District Dyking and Drainage $9,854 4
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