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CERTIFICATION Pursuant to Section 86, Indian amendments thereto, I certify Musqueam Indian Band Taxation dated November 14, 2006 are Kathy Hankin NAssociate a superintendent Section 2(1) Act RSC 1985 C.I-5 and that the attached copies of the Supplemental By-Law true copies of the said by-law. Director, Lands and Trust Services, as defined in Indian Act RSC 1985
Ministre des Affaires indiennes et du Nord canadien et interlocuteur fédéral aupres des Métis et des Indiens non inscrits Ottawa, Canada I, the Minister of Indian Affairs and APPROVE, pursuant to section 83 by-law made by the Musqueam Indian Columbia, at a meeting held on the Musqueam Indian Band Taxation Supplemental By-law Dated at Ottawa, Ontario this CanaaMinister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians K1A 0H4 Northern Development, HEREBY of the Indian Act, the following Band, in the Province of British 14th day of November 2006. day of 2007.
MUSQUEAM INDIAN BAND SUPPLEMENTAL WHEREAS: (a) The Band passed a Property Taxation 83 of the Indian Act (the By-law as the “Taxation By-law”); (b) Disputes have arisen regarding the Musqueam Reserve No. 2 (the “Reserve”) “Leaseholders”) of the following parcels Lots 1-75, Parcel A, Musqueam Indian Lots 1-144, Parcel B, Musqueam Indian (the “Lands”); (c) By an Agreement In Principle dated Agreement”) the Council of the Band have agreed to settle their disputes (i) The Leaseholders will withdraw interests in the Lands (and action listed in Schedule bring further appeals or litigation Release attached as Schedule (ii) The Council of the Band assessment of the Lands properties located within Oak Street that are considered the Musqueam Property valuation set out in Part 4 (“Off-Reserve Lands”) and exceed those applying to Leaseholders approve a proposal for another basis of assessment referendum (for greater certainty, appeal the assessed value comparables used by the provided that the grounds 03 0290 DOC\Amending BylawsTAXATION BY-LAW BY-LAW By-law No. PR-1996-02, pursuant to section subsequently amended is hereafter referred to as assessment and taxation of interests in land on the held by residential lease-holders (the of land: Reserve No. 2, CLSR Plan 52928; Reserve No. 2, CLSR Plan 55995 the 15th day of March, 2006, (the “Settlement and the Representatives of the Leaseholders on the following terms: their appeals of the assessment of their related litigation, with the exception of any 4 to the Settlement Agreement) and agree not to on the grounds set out in the form of 5 to the Settlement Agreement and will pass by-laws confirming that the basis of will be the same as to that applying to residential that part of the City of Vancouver lying west of comparable by the assessor appointed under Assessment By Law using the principles of of the said By Law as in force on the date hereof the rates of taxes applied to the Lands will not Off-Reserve Lands unless a majority of the satisfactory to the Council of the Band or other rates of taxation by way of a it is confirmed that a Leaseholder may for a particular property on the grounds that the assessor are not appropriate for that property of the appeal do not challenge the use of
freehold properties not located determination of the value challenge any exemption Band or to Indians with respect (d) This By-law to amend the Taxation and the By-law to amend the Assessment By-law”) passed on the same day Settlement Agreement. NOW BE IT RESOLVED: 1. Rates of Taxation (a) Notwithstanding any provision of imposed on the interest of the Leaseholders applying to Off-Reserve Lands unless approve by way of a referendum satisfactory to the Council of the Reserve Lands~ (b) Any fees or charges imposed by provided by the Band, over and above directly or under contract with another charges applying to Off-Reserve facilities unless a majority of the referendum held under section 2 of the Band which exceed those 2. Referendum A referendum to approve rates of taxes which exceed pursuant to section 1 of this Taxation Amendment procedures: (a) A referendum may only be called Resolution which shall: (i) Give the text of the referendum (ii) Determine the deadline for days after the date of the (iii) appoint a voting officer who conduct the referendum and agent of the Band except conducting the referendum 03 0290 DOC\Amending Bylawson a reserve as comparable values in the of an interest in land situated on the Reserve or from payment of property taxes granted to the to interests in the Reserve);; By-law (the “Taxation Amendment By-law”) By-law (the “Assessment Amendment are passed by Council to implement the the Taxation By-law the rates of taxation in the Lands will not exceed those a majority of the participating Leaseholders held under section 2 below rates of taxation Band which exceed those applying to Off-the Band for services or access to public facilities those contemplated in this By-law either party, will not exceed the rates of fees or Lands for comparable services or public participating Leaseholders approve by way of a below fees or charges satisfactory to the Council applying to Off-Reserve Lands. rates applicable to Off-Reserve Lands By-law will be held using the following by Council and by way of a Band Council question, and the referendum which must be no less than 90 Band Council Resolution, and will do all things necessary to organize and who must not be a member, employee or for the limited purpose of organizing and nor a Leaseholder;
(b) Council shall give reasonable consideration made to it by the Representatives (c) A referendum will be conducted delivered by hand as provided herein; (d) The voting officer will mail or deliver Leaseholder at the address shown the deadline which contains the (i) The date, time and place (ii) The text of the referendum (iii) The deadline for mailing (e) An information meeting to explain 30 days before the date of the deadline (f) The voting officer will mail or deliver days prior to the deadline which (i) A declaration of Leaseholder Office as a Leaseholder; (ii) Text of the referendum question; (iii) Ballot for answering the (iv) An envelope to seal the ballot the voting officer; (v) Letter of instructions including may be hand delivered; (vi) Such further and other information appropriate; (g) On the day after the deadline for scrutineer appointed by the Representatives officers will count all the ballots up to 5:00 p.m. on the previous day thereafter; (h) The voting officer will notif~’ Council counting and Council shall post each of the Leaseholders by mail (i) The count of the voting officer will 3. Amendment or Repeal of this Taxation This Taxation Amendment By-law may only be 03 0290\DOC\Amending Bylawsto any request to call a referendum of the Leaseholders; by secret ballot which may be mailed in or a notice of referendum to every on the Taxation Roll at least 60 days prior to following infonnation: of the information meeting; question; in the ballot or for delivering the ballot by hand; the referendum will be held by Council at least at the Reserve, a package to every Leaseholder at least 21 package will include the following: that he or she is registered in the Land Title referendum question; in and a second envelope pre-addressed to an address on the Reserve to which ballots as the voting officer considers the referendum, and in the presence of a of the Leaseholders, the voting received (whether by mail or delivered by hand) and will disregard any ballots received of the results of the ballot on the day of the results in the Band office and send a copy to or delivery; be final. Amendment By-law amended or repealed if:
(a) the Minister fails to approve this Amendment By-law within six months longer period as the Council and agree; or (b) a board of review appointed under a court finds in favour of a Leaseholder Release attached as Schedule 5 to (c) it is replaced by another by-law same form and such by-law has Leaseholders participating in a referendum section 2; In the event that the Minister fails to approve this amend this By-law within the spirit of this Agreement, by a majority of the Leaseholders pursuant to (a) bylaw to the Minister for approval. 4. By-law Interpretation This Taxation Amendment By-law shall be given interpretation as best ensures the attainment of its 5. Miscellaneous (a) Headings form no part of this Taxation as being inserted for convenience (b) A finding by a court of competent Taxation Amendment By-law is validity or invalidity of any other whole. (c) Where a provision in this Taxation present tense, future tense or in the circumstances as they arise. (d) In this Taxation Amendment By-law words in the plural include the singular. 03 0290\DOC\Amending BylawsTaxation Amendment By-law or the Assessment of its passage by Council or within such the Representatives of the Leaseholders may the Musqueam Property Assessment By-law or on the grounds set out in the form of the the Settlement Agreement; or made under the Indian Act in substantially the first been approved by a majority of the held using the procedures set out in Taxation Amendment By-law, the Band shall and upon approval of the amendment(s) above, the Band shall resubmit the amended such fair, large and liberal construction and objectives. Amendment By-law but shall be construed of reference only. jurisdiction that a section or provision of this void or invalid shall not affect or bear upon the section or part of this By-law or this By-law as a Amendment By-law is expressed in the past tense, the provision applies to the words in the singular include the plural, and
6. Coming Into Force This Taxation Amendment By-law shall come into force immediately upon being approved by the Minister. THIS BY-LAW IS HEREBY ENACTED by Council at a duly convened meeting held on the ~ dayof f\~~-~ ,2006. Chief Ernie Campbell Councillor Howard Grant CouncillorMyrtle McKá~,’ Cou~il1or ~‘ayne Sparrow /2~zr~/~4a~~/ Counc4~Sr Mary Charles Councillor Wade Grant I Councillor Delbert Guerin Councillor Jordan Point Cou~éillor Allyson Fraser 03 0290\DOC\Amending Bylaws
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