Contenu de la décision
Minister of Indian Affairs Ministre des Affaires and Northern Development -, indiennes et du Nord canadien Ottawa, Canada K1A OH4 I, the Minister of Indian Affairs and Northern Development, HEREBY APPROVE, pursuant to section 83 of the Indian Act, the following by-law made by the Westbank First Nation, in the Province of British Columbia, at a meeting held on the 6`h day of June 1995. Westbank First Nation Taxation Expenditure By-law, 1995. Dated at Ottawa, Ontario this 24th day.of Octcber. 1995
WESTBANK FIRST NATION TAXATION EXPENDITURE BY-LAW, 1995 WHEREAS: The Westbank Indian Band Taxation Expenditure By-law, 1994 was passed by the Chief and Council of the Westbank Indian Band in the best interest of the members of the Westbank Indian Band (now known as the Westbank First Nation) and was approved by the Minister, as defined in the following Westbank First Nation Taxation Expenditure By-law, 1995, as a by-law in accordance with section 83(2) of the Indian Act for the purposes of the expenditure of monies collected by the Westbank First Nation pursuant to enabling by-laws made in accordance with section 83(1) of the Indian Act; and WHEREAS: It is desirable and in the best interest of the members of the Westbank First Nation to repeal and revoke the Westbank Indian Band Taxation Expenditure By-law, 1994 and replace it with the following Westbank First Nation Taxation Expenditure By-law, 1995. NOW BE IT HEREBY RESOLVED THAT The Westbank Indian Band Taxation Expenditure By-law, 1994 is hereby repealed, revoked and replaced by . the Westbank First Nation Expenditure By-law, 1995, subject to remaining in full force and effect until the date upon which the Westbank First Nation Taxation Expenditure By-law, 1995 comes into force and effect; BE IT FURTHER RESOLVED: The following Westbank First Nation Taxation Expenditure By-law, 1995 is hereby enacted pursuant to section 83(2) of the Indian Act for the purposes of the expenditure of monies collected by the Westbank First Nation pursuant to enabling by-laws of the Westbank First Nation made in accordance with section 83(1) of the Indian Act; 1 . SHORT TITLE The Westbank First Nation Taxation Expenditure By-law may be cited in short form as the "Expenditure By-law" . 2. DEFINITIONS In this Expenditure By-law, "Annual Budget" means the budget for a Fiscal Year projecting all revenues and expenditures anticipated to be required for the provision of Local Services on-reserve during that Fiscal Year, as approved by the Band Council. "Band" means the Westbank First Nation and any successor thereto . "Band Council" means the Chief and Council of the Band as elected by the eligible members of the Band pursuant to the Indian Act . "Band Council Resolution" means a motion means a motion passed and approved by a majority of the councillors of the band . "Fiscal Year" means January 1 of any calendar year to December 31 of the same year . "Indian Aet" means the Indian Act, R.S.C. 1985, c. 1-5, and any amendments thereto and regulations authorized thereunder.
"Local Services" includes Local Improvements, utility services, capital works and the provision of any other services required on-reserve. "Local lmprovements" includes the following works and any combination of them : ' (a) opening, widening, straightening, extending, grading, levelling, diverting or paving a road; (b) constructing a sidewalk, foot crossing, curbing bridge, culvert or embankment forming part of a street or constructing a system of storm drainage; (c) making, deepening, enlarging, or lengthening a common sewer or water system; (d) making sewer or water service connections to the road line on land abutting the main; (e) constructing a conduit for wires or pipes along or under a road; (f) public works services as they apply to the Reserve; (g) reconstructing, replacing or repairing of the above. "Minister" means the Minister of Indian Affairs and Northern Development and any of the Minister's duly authorized delegates . "Provisional Budget" means an interim or preliminary budget projecting revenues and expenditures anticipated to be required for the provision of Local Services on Reserve during all or part of that Fiscal Year but not an Annual Budget. "Reserve" means those lands: a) the legal title to which is vested in Her Majesty, that have been set apart by Her Majesty for the use and benefit of the band, whether they be designated lands or conditionally surrendered lands or otherwise, and b) that are within the boundaries of the Tsinstikeptum Indian Reserves No . 9 and No. 10 and any additions to Reserve subsequent to the enactment of this Expenditure By-law. "Surveyor of Taxes" means the Surveyor of Taxes appointed in accordance with the Westbank First Nation Taxation By-law (formerly known as Westbank Indian Band Taxation Bylaw) in force and effect from time to time. . "Taxation Fund" is defined in and established pursuant to the Westbank First Nation Taxation By-law in force and effect from time to time . 3. Budgets 3.1 On or before March 1 of each Fiscal Year, the Band Council will by Band Council Resolution direct the preparation of a Provisional Budget by the Band's employee(s) or agent(s) . 3.2 On or before June 30 of each Fiscal Year, the Band Council will prepare the Annual Budget and will by by-law add the Annual Budget as a schedule to this Expenditure By-law. 4. Authorized Expenditures 4.1 All expenditures, including all costs ofadministration, collections, realization of security, complaints, legal and consultant services, education, training and honoraria from the Taxation Fund will be made in accordance with the Annual Budget and when made are authorized expenditures from the Taxation Fund provided section 3 .2 above has been complied with. 4.2 All funds received pursuant to the Westbank First Nation Taxation By-law will be deposited in the Taxation Fund. 4.3 All monies deposited in the Taxation Fund and any interest earned thereon will be expended solely for the
purposes of providing Local Services on Reserve in accordance within the Annual Budget . S . Extension of Time 5.1 Provided that there has been substantial compliance with the provisions of this Expenditure By-law, a procedural irregularity, technical failure to carry out a provision of this Expenditure By-law or an insubstantial failure to comply with a requirement of this Expenditure By-law by the Band Council, the Surveyor of Taxes or any other person appointed to carry out the administration or enforcement of this Expenditure By-law does not in itself constitute a failure to comply with this Expenditure By-law by such person . 5.2 The Chief and Council may by Band Council Resolution extend the time by or within which anything is required to be done pursuant to this Expenditure By-law and anything done by or within such extended time is as valid as if it had been done by or within the time otherwise provided for in this Expenditure By-law . 6. By-law Remedial 6.1 This Expenditure By-law is to be construed as being remedial and is to be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects. 7. Tense 7.1 Where a provision or Schedule of this Expenditure By-law is expressed in the present tense, future tense or in the past tense, the provision applies to the circumstances as they may from time to time arise without reference to the present, future or past tenses . 8. Head Notes 8.1 Head notes, marginal notes and headings form no part of this Expenditure By-law and are to be construed as being inserted for convenience of reference only. 9. Severance of Sections 9.1 A finding by a court of competentjuiisdiction that a section or provision of this Expenditure By-law is void does not affect or bear upon the validity of any other section or provision of this Expenditure By-law or this Expenditure By-law as a whole, same remaining in full force and effect, subject to section 11.1 below, notwithstanding the severance of such void section or provision. 10 . Use of Forms and Words 10.1 In this Expenditure By-law, i) words signifying the masculine gender include the feminine gender and the neuter gender and, where necessary or the context permits, a person as defined in this Expenditure By-law ; ii) words in the singular include the plural, and words in the plural include the singular; and iii) where a word or expression is defined, other parts of speech and grammatical forms of the same word or expression have corresponding meanings. 11 . Amendments 11 .1 Any section of this Expenditure By-law may be amended by the Band Council by a by-law passed and approved in accordance with appropriate section or sections of the Indian Act or constitution of the Band as the case may be. mr on tur+s , ea 'an Page No.
APPROVED AND PASSED at a duly convened meeting of the Chief and Council of the Westbank First Nation held as Westbank First Nation Administration Offices, 300 - 515 Highway 97 South, Kelowna, British Columbia, this -/ day of -7'Z4,a ~Q - ,1995. ' OUNCILLOR COUNCII.LOR Comprising the majority of those members of the Band Council of the Westbank rst Nation present at the aforesaid meeting of the Band Council, a quorum of the Band Council being members and the number of members of the Band Council present at the aforesaid meeting of the Band Council being axadon ture , es 'an Band Page o.
Schedule "E" EXPENDITURE BY-LAW BUDGET 1995 REVENUE: B.C . Assessment Roll 1995 Rate Invoice Class 1 178,020,203 10.1083 1,925,544 ' Class 2 2,124,253 34.6104 73,521 Class 3 0 27.0833 0 Class4 0 33.6875 0 Class 5 876,001 23.6499 20,717 Class 6 10,266,400 22.9938 236,064 Class 7 0 15.0500 0 Class 8 2,091,700 9.9820 20,879 Class 9 0 8.2003 0 193,378,557 2,276,725 LESS: Home Owner Grants/Senior Grants/Other (631,000) Status Exemptions (160,000) sub-total 1,485,725 0 sewer parcel tax 21,138 interest & penalty estimate 50,000 TOTAL REVENUES: 1,556,863 EXPENSES : 1995 W.F.N . General Portion 155,717 W.F.N . Water System 100,000 C.O.R.D . Service Agreement 162,631 Westside Fire Protection 42,000 Sewer Parcel Tax 21,138 B.C . Assessment Authority 32,000 B.C . Assessment Appeals Board 25,000 Administration : Collection exp 200,000 Consultant 15,000 Professional fees 81,000 General Admin 198,775 Projected: Allow for doubtful accounts 50,000 Stabilization Fund 473,602 TOTAL EXPENDITURES 1,556,863 0 ' Calculation of Class 1 increased by $126,062 due to minimum tax payment File : 95EXBLBD
WESTBANK FIRST NATION COUNCIL RESOLUTION -103 '111E CIIIEF ANDCOUNCIL OF WES1'BANK FIRsT NATION OF KLLOWNA, BRITISH COLUMBIA DA-1131)'1111S~DAY OF DO HEREBY RMOLVE THAT : WHEREAS : The westbank First Nation Taxation Expenditure By-law, 1994 was enacted pursuant to section 83(2) of the Indian Act for the purposes of the expenditure of monies collected by the Westbank First Nation pursuant to enabling by-laws of the Westbank First Nation made in accordance with section 83(1) of the Indian Act ; and was approved and passed at a duly convened meeting of the Westbank First Nation Council on the 15th day of July, 1994, and by the Minister on the 30th day of August, 1994 ; and WHEREAS : It is desirable and in the best interest of the members of the westbank First Nation (formerly known as .Westbank Indian Band) to repeal and revoke the Westbank Indian Band Expenditure Bylaw, 1994 and replace it with the following Westbank First Nation Taxation Expenditure By-law, 1995 ; and AND WHEREAS: Pursuant to section 3 .2 of the Expenditure By-law, the Annual Budget has been prepared and by by-law is hereby attached as Schedule '°E" . NOW BE IT HEREBY RESOLVED: The Westbank First Nation Taxation Expenditure By-law, 1995 is hereby approved and passed at a duly convened meeting of Chief and Council of the pestbank First Nation held at the Aestbank First Nati . Administration offices, Relowna, British Columbia this day of ,~f~,rl- _ , 1995 . A QUORUM OF WLSTIIANK /LI CONSISTS OF COUNCIL MEMBERS lagc-~O(~_
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.