Partie II - Lois des Premières nations promulguées

Informations sur la décision

Contenu de la décision

" CERTIFICATION Pursuant to Section 86, Indian Act RSC 1985 C.I-5 and amendments thereto, I certify that the attached copy ofthe Taxation and Assessment Amending Bylaw No. 1996-1 passed by the Chawathil Indian Band Council on April 19, 1996 is a true copy ofthe said bylaw. Richard Frizell Lands and Trust Services, a Superintendent as defined in Section 2(1) Indian Act RSC 1985
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 bylaw made by the Chawathil Indian Band, in the Province of British Columbia, at a meeting held on the 19th day of April 1996. Taxation and Assessment Amending Bylaw No. 1996-1 Dated at Ottawa, Ontario this 3rd day of June, 1996 .
CHAWATHIL INDIAN BAND TAXATION ANDASSESSMENT AMENDING BYLAWNO. 1996-1 WHEREAS the Chawathil Indian Band Taxation and Assessment Bylaws were approved by the Minister pursuant to Section 83 ofthe Indian Act on December 20th, "1994 . ANDWHEREAS it . is necessary for the efficient operation and administration of the taxation system to make certain amendments to the aforesaid Bylaws . BE IT HEREBY RESOLVED that the Chief and Council ofthe Chawathil Indian Band enacts the following bylaw pursuant to Section 83 ofthe Indian Act: 1 . This Bylaw may be cited as the Chawathil Indian Band Assessment and Taxation Amending BylawNo. 1996-1 2 . Section 40 ofthe Assessment Bylaw is hereby amended by repealing it and replacing it with the following : 40 .(1) The Chiefand Council shall by Band Council Resolution establish a Board of Review which shall consist of (a) one person who is or was duly qualified to practice law in the Province of British Columbia, or who is or was a Judge of a Provincial, County or Supreme Court in the Province of British Columbia; (b) one person who has sat as a member of an appeal board to review assessments in and for the Province of British Columbia; (c) one person who may be a member ofthe Chawathil Indian Band who does not have any direct or indirect financial interest in any real property assessment to which an appeal relates. (2) Each member of the Board ofReview shall hold office for a period of three years unless the member resigns or is otherwise removed from office in accordance with the terms of this Bylaw. (3) The members of the Board ofReview shall be paid their reasonable and necessary traveling and out of pocket expenses incurred in carrying out their duties on the Board of Review and in addition shall be paid the remuneration established from time to time by the Lieutenant Governor in Council with respect to the remuneration of members of the Assessment Appeal Board pursuant to sub-section 48(5) ofthe British Columbia Assessment Act, R.S .B .C . 1979 c.21 as amended from time to time . (4) A member ofthe Board ofReview shall be removed from office by Chiefand Council if he or she:
(a) is convicted of an offense under the Criminal Code ; (b) fails to attend three consecutive appeal hearings ; (c) fails to perform any of his or her duties under this Bylaw in good faith ; or (d) hears an appeal while disqualified by virtue of section 40.1 ofthis Bylaw . 3 . The following is added as section 40.1 ofthe Assessment Bylaw: 40.1 No person may sit as a member of the Board of Review to hear an appeal if that person : (a) has a direct or indirect financial interest in any real property assessment to which the appeal relates; (b) is the Chiefor a member of the Council of the Band; (c) is an employee of the Band or the Council ofthe Band; or (d) has financial dealings with the Band or the Council of the Band which might reasonably give rise to a conflict of interest and impair that person's ability to deal fairly and impartially with the appeal as required under the terms of this Bylaw. APPROVED ANDPASSED at a duly convened meeting of the Band Council o~the Chawathil Indian Band held at the Chawathil Indian Band Administration Office, this t97 day of , 1996 . -T MOVED BY P SECONDED BY COUNCIL CONSISTS OF / COUNCILLORS. COUNCILLOR COUNCILLOR COUNCILLOR agC\WINWORD\CI,IEI4'IICHAWTAX\A[v1END2.DOC04/03/96
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