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Minister of Indian Affairs Ministre des Affaires and Northern Development indiennes et du Nord canadien Ottawa, Canada K1 A OH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following bylaw made by the Songhees First Nation, in the Province of British Columbia, at a meeting held on the 14`h day of May 2001 . Songhees First Nation Property Tax Expenditure Bylaw Dated at Ottawa, Ontario this ~sf~ day of ~St- 2001 .
Songhees First Nation Property Tax Expenditure Bylaw Whereas: . A. The property assessment bylaw and the property taxation bylaw were made pursuant to subsection 83(1) of the Indian Act for the purpose of taxation for local purposes of land, or interests in land, in the "reserve" (as defined in the property taxation bylaw), including rights to occupy, possess or use land in the reserve ; B . Subsection 83 (2,) of the Indian Act provides that an expenditure made out of moneys raised pursuant to subsection 83(1) of the Indian Act must be made under the authority of a bylaw of the council of the band ; C . Subsection 12 of the property taxation bylaw authorizes the making of certain expenditures out of property tax revenue and, in addition, the taxation expenditure bylaw was enacted for the purpose, inter alia, ofestablishing procedures for the authorization of expenditures to be made out of property tax revenue from time to time; D. Council wishes to authorize expenditures supplemental to and in accordance with those authorized under subsection 12 of the property taxation bylaw to be made out of property tax revenue from time to time in this bylaw. Now Be It Hereby Resolved: That the following bylaw be and is hereby enacted pursuant to the provisions of theIndian Act and in particular subsections 83(1) and (2) thereof, for the purpose of authorizingexpenditures to be made out of property tax revenue .
Short Title 1 . This bylaw may be cited for all purposes as the Songhees First Nation Property Tax Expenditure Bylaw . Definitions 2 . In this bylaw, including without limiting the generality of the foregoing in the recitals and this section : "annual property tax budget" means a budget that includes and identifies in a general way projected property tax revenue for a fiscal year, surplus or deficit property tax revenue carried over from previous fiscal years and projected expenditures to be made out of property tax revenue for the fiscal year for local purposes, "band" means the Songhees First Nation, "band council resolution" means a motion passed and approved at a meeting of council pursuant to the consent of a majority of the quorum of the councillors ofthe band, reconstructing, "community works" includes, without limitation, designing, constructing, creating, replacing, enlarging, extending, removing, moving, repairing,maintaining and operating buildings, works and facilities (other than public works), loc.ated within reserve andowned, operated, controlled, managed, administered, provided or financially supported,wholly or in by the band or council on behalf ofthe band and used for community services orgeneral part, government services, including, without limiting the generality of the foregoing,band administration offices, band public works yards, cemeteries, cultural centres, daycare centres, group homes, libraries, archives, museums, art galleries, recreation centres,parks and playgrounds, together with reserve lands appurtenant thereto, "community services" includes, without limitation, programs and services(other than utility financially supported, wholly services), operated, controlled, managed, administered, provided or or in part, by the band or council on behalf of the band and of benefitto any residents of reserve (whether in common with any non-residents of reserve or not) including,without limiting the library, generality of the foregoing, social, public health, cultural, recreation, education,daycare, park, playground, police or fire protection programs and services, means the council of the Songhees First Nation within the meaning ofsubsection 2(1) "council" Indian Act R S C 1985, v.l-S, as elected by the band members fromtime to time pursuant of the to the custom of the band, following calendar "fiscal year" means January 1 of a calendar year throughDecember 31 of the year,
"general government services" includes, without limitation, government and administrative programs, services and operations of the band or council on behalf of the band including, without limiting the generality of the foregoing, the operations of council and the development, preparation, enforcement and administration of council or band policies, bylaws and programs and the administration and operation of departments ofthe band, "minister" means the Minister of Indian Affairs and Northern Development and includes a person designated in writing by the minister, "permitted property taxation bylaw expenditures" means those expenditures out of property tax revenue authorized to be made under subsection 12 of the property taxation bylaw, "property assessment bylaw" means the Songhees First Nation Property Assessment Bylaw approved and passed by the council on the l Oth day of August, 1995 and approved by the minister on the 30th day of November, 1995, as amended from time to time, "property taxation bylaw" means the Songhees First Nation Property Taxation Bylaw approved and passed by the council on the 10th day of August, 1995 and approved by the minister on the 30th day ofNovember, 1995, as amended from time to time, "property tax revenue" includes all taxes and other moneys raised under the property taxation bylaw, including without limiting the generality of the foregoing all interest earned thereon and other accumulations thereto from time to time, "public works" includes : (a) designing, constructing, reconstructing, creating, replacing, enlarging, extending, removing, moving, repairing, maintaining or operating : (i) roads, streets, overpasses, underpasses, sidewalks, foot crossings, curbing bridges tunnels, culverts, embankments and retaining walls, (ii) equipment wires, works and facilities, including standards and conduits, necessary to supply public lighting within reserve, including without limiting the generality of the foregoing, all necessary poles, towers, cross-arms, encasements, transformer structures and other related works and facilities, (iii) conduits for wires, fibre-optics and pipes for purposes other than providing public lighting within reserve, including without limiting the generality of the foregoing all necessary poles, towers, cross-arms, encasements, transformer structures and other related works and facilities, (iv) storm or sanitary sewer or water lines, works and facilities, including service connections to sewer or water lines on land abutting a main, (v) sewerage treatment and water treatment works, facilities and plants, (vi) retaining walls, rip-rap, sheet-piling, sea-walls, pilings, dykes and breakwaters in, along or adjacent to the sea, a lake or a river, and
(vii) any buildings, works or facilities related or ancillary to anything referred to in subparagraphs (i) through (vi), together with reserve lands appurtenant thereto, (b) remediating environmentally contaminated reserve lands, and (c) creating new lands by any lawftil means including, without limiting the generality of the foregoing, by the placement and compaction of permitted soils and other fill materials, "reserve" means those lands : (a) that have been set apart for the use and benefit ofthe band, pursuant to section 18 of the Indian Act, and (b) that have been set apart for the use and benefit ofthe band pursuant to section 36 of the Indian Act, "surveyor of taxes" means the surveyor of taxes appointed by council under the Songhees First Nation Property Taxation Bylaw, "taxation expenditure bylaw" means the Taxation Expenditure Bylaw referred to in section 2, "utility services" includes water, storm sewer, sanitary sewer, garbage collection, garbage disposal, solid waste disposal, sewage treatment and water treatment programs, services and operations . Authorization of Expenditure of Property Tax Revenue 3 . (1) This bylaw authorizes the expenditure of property tax revenue by council on behalf of the band for local purposes . (2) Without limiting the generality of subsection (1) but for greater certainty, this bylaw authorizes the expenditure of property tax revenue by council on behalf of the band on community works, community services, general government services, permitted property taxation bylaw expenditures, public works and utility services . Annual Property Tax Budget 4 . (1) On or before July 31 st in each fiscal year, the surveyor of taxes shall prepare and table with council a draft annual property tax budget for the then current fiscal year and a draft band council resolution approving the budget, and Council shall endeavour to consider such budget and resolution on or before August 31 st of the same fiscal year . (2) An annual property tax budget may, but is not required to, be in the form of that draft annual property tax budget attached as Schedule A to this bylaw . (3) Subject to subsection(4), all expenditures made out of property tax revenue that council is authorized to make under this bylaw shall be made pursuant to an annual property tax budget that has been approved by band council resolution .
(4) For greater certainty : (a) band council may at any time and from time to time amend any annual property tax budget and any band council resolution approving an annual property tax budget, and (b) nothing in this bylaw shall have the effect of amending subsection 12 of the property taxation bylaw or of limiting the authorization of, or requiring additional procedures to permit, expenditures of property tax revenue thereunder . Property Tax Revenue Accounts S. (1) All property tax revenue shall be deposited in a special account or accounts maintained in the name of the band and be invested until required to be expended pursuant to an annual property tax budget that has been approved by band council resolution . (2) Any surplus property tax revenue raised during a fiscal year that is not required for expenditure during that fiscal year pursuant to an annual property tax budget that has been approved by band council resolution, shall be set aside in a special surplus hind account or accounts maintained in the name of the band and be invested until required for such expenditure in a future fiscal year . Administration and Enforcement 6 . The surveyor of taxes shall administer this bylaw. Bylaw Remedial 7 . This bylaw shall be construed as being remedial, and shall be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objectives . Miscellaneous 8 . (1) Head notes, marginal notes and provision headings form no part of this bylaw but shall be construed as being inserted for convenience of reference only . (2) A finding by a court of competent jurisdiction that a section or provision of this bylaw is void or invalid shall not affect or bear upon the validity or invalidity of any other section or part of this bylaw or this bylaw as a whole . (3) where a provision in this bylaw is expressed in the present tense, future tense or in the past tense, the provision applies to the circumstances as they arise. (4) In this bylaw words in the singular include the plural, and words in the plural include the singular . Coming into Force 9 . This bylaw shall come into force immediately upon being approved by the minister
APPROVED AND PASSED at a duly convened meeting of the Band Council ofthe Songhees First Nation held at the Songhees First Nation Administration Office, 1500D Admirals Road, Victoria, B.C., this 14, day of May. 2001 . AQuorum of Council consists of 3 Band Councillors . Moved By: Seconded By: Councillor : Councillor : Chief: ~~~~t' . &azQ~_Councillor : --7 02~~, idt~ Councillor :~~ .̀~~ ~~ ~,-7z
Schedule A General Government Services General Taxation Administration General Government Services Expenditure Total Protective Services Protective Services Expenditure Total Transportation Services Transportation Services Expenditure Total Recreational and Cultura l Services . . . . . . . . Recreational and Cultural Services Expenditure Total Environmental Health Services Environmental Health Services Expenditure Total Fiscal Services Capital Projects Reserve Fund Fiscal Services Expenditure Total 4:09 PM Sunday, May 13, 2001 Tax Appeals $3,000 .00 Tax Administration $103,000 .00 Legislative $13,000.00 Bad Debts $2,888.00 Repairs and Maintenance $5,000.00 $32,500.00 General Administration $20,000 .00 $179,388.00 Fire Protection $51,200.00 Police Protection $5,000.00 $56,200.00 Roads and Streets $5,000.00 $5,000 .00 Donations $2,000.00 Library $20,000.00 . . $22,000.00 Refuse $5,000.00 Sewer $5,000 .00 Snow Removal $2,000.00 $12,000 .00 Homeowner Grants $240,000.00 $68,439.00 Income Stabilization Fund $68,439.00 $376 ,878.00 Page 1 of 2
Schedule A Taxes for Other Governments Taxes for Other Governments Expenditure Total 2001 Property Tax Budget Total $719,378.00 4:09PM Sunday,May 13, 2001 Capital Regional District $39,966 .00 Regional District Hospital $19,046.00 BCAA $8,900.00 $67,912.00 Page 2 of 2
Schedule B Songhees First Nation Property Taxation Estimated 2001 Budget Revenue Gross Taxes interest and Miscellaneous Total Revenue Estimated Expenditures Appeal Board Bad Debts Computer & Software Contractors Community Policing . Donations Honoraria Office Professional Fees . Purchases Repairs & Maintenance Snow Removal Telephone Training, Meetings, Travel Wages & Benefits Library Subsidy SubTotal Service Contracts Capital Regional District BC Assessment Authority View Royal Fire Service Contract Total Fiscal Services Grants . Transfer to Capital Project Fund Transfer to Income Stabilazation Subtotal Total Expenditures', Approved by Council Date : Chief Robert Sam: Councillor Gary Albany : Councillor Elmer George Councillor Norman George:- `~684 ,378.00 85,000.00 719,378.00 3,000.00 2,888.00 4,500.00 20,000.00 5,000.00 2,000.00 3,000.00 5,000.00 13,000.00 5,000.00 20,000.00 2,000.00 5,000.00 10,000.00 103,000.00 20,000 .00 223,388.00 59 ,012. 00 8,900.00 5i2Q= 119,112 .00 240 ,000.00 68,439.00 68.439.00 376, 878 .00 719 .378.00
Vous allez être redirigé vers la version la plus récente de la loi, qui peut ne pas être la version considérée au moment où le jugement a été rendu.