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First Nations Tax Commission Commission de Ia fiscalité des premieres nations The First Nations Tax Commission, pursuant to the First Nations Fiscal and Statistical Management Act, hereby approves the following law made by the Lower Nicola Indian Band in the Province of British Columbia, Lower Nicola Indian Band Annual Expenditure Law, 2011 Dated at Kamloops, British Columbia this 23rd day of June, 2011. On behalf of the First Nations Tax Commission C.T. (2y)M$iuaIers A 4t’e — Chief Commissioner , 4 , 4 First Nations Tax Commission “—.rc
LOWER NICOLA INDIAN BAND ANNUAL EXPENDITURE LAW, 2011 WHEREAS: A. Pursuant to section 5 of the First ,Vat iotzs Fiscal and Statistical 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 Lower Nicola Indian Band has made a property assessment law and a property taxation law: and C. Section 10 of the First Nations Fiscal and Statistical Managencnt Act requires a first nation that has made a property taxation law to, at least once each year, make a law establishing a budget for the expenditure of revenues raised under its property taxation laws; NOW THEREFORE the Council of the Lower Nicola Indian Band duly enacts as follows: 1. This Law may be cited as the Lower Nicola Indian Band Annual Erpenditnre Law, 20/I. 2. In this Law: ‘Act” means the First Nations Fiscal and Statistical Management Act, S.C. 2005, c9, and the regulations made under that Act; “annual budget” means the budget. attached as a Schedule to this Law, setting out the projected local revenues and projected expenditures of those local revenues during the budget period; “Assessment Law” means the Lower Nicola India,, Band Property Assessment Lanç 2009; “Council” has the meaning given to that term in the Act; “Law” means this annual expenditure law enacted under paragraph 5(1 )(b) of the Act; “local reventies” means money raised by the Lower Nicola Indian Band under a property taxation law; “property taxation law” means a law enacted by the Lower Nicola Indian Band under paragraph 5(l)(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 Lower Nicola Indian Band Property Taxation Lait’, 2009 as amended by the Lot’er Nicola India,, Band Property Taxation Last’
Amending Last’, 2009. 3. The Lower Nicola Indian Band’s annual budget for the fiscal year beginning April 1,2011, and ending March 31, 2012, is attached as a Schedule to this Law. 4. Thts Law authorizes the expenditures provided for in the annual budget. 5. Expenditures of local revenues must be made only in accordance with the annual budget. 6. Where the Lower Nicola Indian Band wishes to authorize an expendilure not authorized in the annual budget, or change the amount of an expenditure authorized in the annual budget, Council must amend the annual budget by amending this Law in accordance with Council procedure and the requirements of the Act. 7. iThis Law authorizes the expenditure of contingency amounts as necessary within any of the categories of expenditures set out in the Schedule. 8. Except where othenvise defined, words and expressions used in tIns Law have the meanings given to them in the Assessment Law and the Taxation Law. 9. Where a provision in this Law is expressed in the present tense. ihe provision applies to the circumstances as they arise. 10. This Law must be construed as being remedial and must be given such fair, large and liberal construction and interpretation as best ensures the atlainment of its objectives. II. The Schedule attached to this Law forms part of and is an integral part olthis Law. 12. 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 14th day of June, 201!, at Merritt, in the Province of British Columbia. A quorum of Council consists of five (5) members of Council. Victor York, Chief Stuart Jackson, Councillor x t)k. Joan Lafferty, Councillor Robert Sterling, Councilldr. Mary ‘J&eCoutIee, Councilior Harold Joe, Councillor rJc LucirTt’Seward. Councillor J ) Molly Toodlican. Councillor
SCHEDULE ANNUAL BUDGET REVENUES I. Local revenues for current fiscal year: Property Tax $1,285.1 17 2. Reserve hind revenues Land Management and Capital Development $50,000 TOTAL REVENUES $1,335,117 EXPENDITURES I. General Government Expenditures a. Executive and Legislative $151,400 b. General Administrative $235,000 c. Other General Government $10,000 2. Protection Services a Policing b. Firefighting $56,150 c. Regulatory Measures $3,000 d. Oilier Protective Services 3. Transportation a. Roads and Streets $10,000 b. Snow and Ice Removal $10,000 c. Public Transit $5,000 d. Other Transportation $ 176.025 4. Recreation and Cultural Services $45,000 5. Community Development a. Education h. Housinc c. Planning and Zoning $36,750 d. Community Planning e. Economic Development Program
f. fleritage Protection g. Agricultural Development h. Urban Renewal i. Beautification $23,000 j. Land Rehabilitation k. Other Regional Planning and Development 6. Environment Health Services a. Water Purification and Supply (from Reserve) $50,000 h. Sewage Collection and Disposal c Garbage Waste Collection and Disposal 518,000 d. Other Environmental Services 518,000 7. Fiscal Services a. Debt Payments to the First Nations Finance Authority b. Other Debt Charges 5212,642 8. Other Services a. Health b. Social Programs and Assistance c. Agriculture £15,000 d. Tourism e. Trade and Industry L Other Service 59.230 9. Contingency Amounts 515,000 10. Transfers into reserve funds Land Management and Capital Development S235,920 TOTAL EXPENDITURES Sl,335,l 17 BALANCE SO
Note: The Lower Nicola Indian Band has the following service agreements with third-party service providers, and the amounts indicated are the amounts payable by the Lower Nicola Indian Band under each agreement during the budget period: Thompson-Nicola Regional District — Agreement Wasie Reduction, Recycling Solid Waste Collection, Disposal Household Waste Disposal District of Logan Lake -2011 Mutual Aid Agreement Fire and Rescue Thompson-Nico]a Regional District — Services Agreement 9-I - I Emergency Telephone Cit olMerritt —2011 Community Transit Partnership Agreement Local bus service Note: This Budget includes one attached Appendix.2011 Environmental Health Services $18,750 $12,500 $33,750 $200 2011 9-I-I Emergency Telephone $2,500 $5,000
Appendix A Reserve Fund Balances I. Land Management and Capital Development Beginning balance as of April 1,2011: £219,000 Transfers out to local revenue account: $50,000 Transfers in - From local revenue account: £235,920 Ending balance as of March 31,2012: 5404,920
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