Contenu de la décision
0 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 Osoyoos Indian Band in the Province of British Columbia, Osoyoos Indian Band Annual Rates Law, 2017 Dated at Kamloops, British Columbia this 29th day of May, 2017. On behalf of the First Nations Tax Commission ~ • C.T. (Man ' ules — Chief Commissioner First Nations Tax Commission
OSOYOOS INDIAN BAND ANNUAL RATES 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 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 the Osoyoos First Nation duly enacts as follows: 1. This Law may be cited as the Osoyoos Indian Band Annual Rates 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; "Assessment Law" means the Osoyoos Indian Band Property Assessment Law, 2009; "First Nation" means the Osoyoos Indian 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" means property in a reserve that is subject to taxation under a property taxation law; and "Taxation Law" means the Osoyoos Indian Band Property Taxation Law, 2012. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2017 shall be determined by a. imposing the rates set out in Schedule A upon the assessed value of all taxable property in each property class within Taxation District No. 1; and b. imposing the rates set out in Schedule B upon the assessed value of all taxable property in each property class within Taxation District No. 2. 4. Notwithstanding section 3, where the amount of the tax levied on taxable property in a taxation year is less than three hundred and fifty dollars ($ 350.00), the taxable property shall be taxed at three hundred and fifty dollars ($ 350.00), except where a residential taxpayer is eligible for the additional home owners grant and the amount of tax levied is less than two hundred and seventy-five dollars, in which case the taxable property shall be taxed at two hundred and seventy-five dollars ($275.00). 5. If the First Nation is at any time required, in accordance with paragraph 84(5)(b) of the Act, to pay to the First Nations Finance Authority an amount sufficient to replenish the debt reserve fund, Council must make or amend such property taxation laws as necessary in order to recover the amount payable. 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. 1
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 Schedules A and B attached to this Law forms part of and are 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 LAW IS HEREBY DULY ENACTED by Council on the 24 h̀ day of May, 2017, at Oliver, in the Province of British Columbia. A quorum of Council consists of FOUR (4) members of Council. Chief Clarence Louie Councillor Veronica McGinnis V c-Z-YYN cçi'e e.„14....7,t_.,N ouncillor Anthony Baptiste Councillor Theresa Gabriel iiror Councillor Sammy Jo Louie Councillor Leona Baptiste 2
SCHEDULE A 2017 TAX RATES FOR TAXATION DISTRICT #1 Oliver, BC PROPERTY CLASS Class 1— Residential Class 2 — Utilities Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm 3 RATE PER $1000 OF ASSESSED VALUE Land Improvements 5.9218 6.2131 33.0229 34.8929 14.9942 15.7079 13.7259 14.4396 6.3296 6.6209 10.5296 10.8209
SCHEDULE B 2017 TAX RATES FOR TAXATION DISTRICT #2 Osoyoos, BC PROPERTY CLASS Class 1— Residential Class 2 — Utilities Class 5 - Light Industry Class 6 - Business and Other Class 8 - Recreational Property/Non-Profit Organization Class 9 - Farm 4 RATE PER $1000 OF ASSESSED VALUE Land Improvements 5.7519 5.7808 25.8561 25.9572 11.4379 11.4841 10.8932 10.9394 6.1597 6.1886 10.3597 10.3886
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