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 Seabird Island Band in the Province of British Columbia, Seabird Island Band Annual Expenditure Law, 2017 Dated at Kamloops, British Columbia this 24th day of July, 2017. On behalf of the First Nations Tax Commission C.T. (Ma Jules — Chief Commissioner (*) First Nations Tax Commission
SEABIRD ISLAND BAND ANNUAL EXPENDITURE LAW, 2017 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 Seabird Island Band has made the Seabird Island Band Property Taxation Bylaw and the Seabird Island Band Property Assessment Bylaw, which by-laws have been deemed by operation of section 145 of the Act to be property taxation laws; 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 Seabird Island Band duly enacts as follows: 1. This Law may be cited as the Seabird Island Band Annual Expenditure Law, 2017. 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; "annual expenditure law" means a law enacted under paragraph 5(1)(b) of the Act as required by subsection 10(2) of the Act; "Assessment Law" means the Seabird Island Band Property Assessment Bylaw; "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; "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 Seabird Island Property Taxation Bylaw. 3. The First Nation's annual budget for the budget year beginning April 1, 2017, and ending March 31, 2018, 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. 1
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 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 20th day of June, 2017, at Agassiz, in the Province of British Columbia. A quorum of Council consists of five (5) members of Council. Chief Clem Seymour Councillor Janiceesey Counci Rodney Peters Councillor Alexis Grace l Councillor Paul Andrew Councillor acy McNeil ouncillor Maria Peters Council . Ronald Joe ~ Councillor Linda Ka -Peters 2
SCHEDULE ANNUAL BUDGET PART 1: REVENUES 1. Local revenues for current fiscal year: a. Property Tax $ 1,173,968 TOTAL REVENUES $ 1,173,968 PART 2: EXPENDITURES 1. General Government Expenditures a. Executive and Legislative $278,770 b. General Administrative 120,397 c. Other General Government (appeals) 24,423 2. Protection Services a. Policing b. Firefighting 88,431 c. Regulatory Measures (animal/pest control) 9,043 d. Other Protective Services (Justice Initiative) 43,146 3. Recreation and Cultural Services a. Recreation 91,682 b. Culture 45,500 c. Heritage Protection d. Other Recreation and Culture (including Elder's program) 100,811 4. Community Development a. Housing b. Planning and Zoning c. Community Planning 117,397 5. Other Services a. Health b. Social Programs and Assistance c. Agriculture d. Education (including PAC) 74,750 e. Other Service 70,578 3
6. Grants: a. Home owner grant equivalents, basic 1,140 b. HOG, over 65 275 7. Contingency Amounts 117,397 TOTAL EXPENDITURES $1,183,740 PART 3: ACCUMULATED SURPLUS/DEFICIT 1. Accumulated Surplus — Local revenues carried forward from the previous budget year $ 9,772 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 period: a. District of Kent — Road Maintenance $ 14,750 per Annum b. District of Kent — Sewer Service $ 1.15 per Cubic meter 4
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