Partie II - Lois des Premières nations promulguées

Informations sur la décision

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 Whispering Pines/Clinton Indian Band in the Province of British Columbia, Whispering Pines/Clinton Indian Band Annual Rates Law, 2016 Dated at Ottawa, Ontario this 14th day of December, 2016. On behalf of the First Nations Tax Commission C.T. (Ma IF ules Chief Commissioner irst Nations Tax Commission
WHISPERING PINES/CLINTON INDIAN BAND ANNUAL RATES LAW, 2016 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 Whispering Pines/Clinton Indian Band duly enacts as follows: 1. This Law may be cited as the Whispering Pines/Clinton Indian Band Annual Rates Law, 2016. 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 Whispering Pines/Clinton Indian Band Properly Assessment Law, 2013; "First Nation" means the Whispering Pines/Clinton 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 Whispering Pines/Clinton Indian Band Property Taxation Law, 2013. 3. Taxes levied pursuant to the Taxation Law for the taxation year 2016_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. 1
9. This Law comes into force and effect on the day after it is approved by the First Nations Tax Commission. THIS LAW 1S HEREBY DULY ENACTED by Council on the 10th day of December 2016, at Whispering Pines IR 4 in the Province of British Columbia. A quorum of Council consists of two (2) members of Council. 44A-t-144, Chief -̀Steven Tresierra Councillor Edward LeBourdais !` ..~---~-~y " ~ r--~/ ~ ~ ~ ' 1 Councillor Debbie Van De Mosselaer 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 5.2807 26.0640 19.5987 16.4367 14.2016 6.4470 9.8270
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